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28 June 2019

CALL FOR PAPERS: Professions and Methods in Comparative Legal History [6th Biennal Conference of the European Society for Comparative Legal History] (Lisbon: University of Lisbon, Portugal, 1-3 JUL 2020); DEADLINE 15 NOV 2019





Professions and Methods in Comparative Legal History
1-3 July 2020, University of Lisbon, Portugal

The Organising Committee of the 6th Biennal Conference and the Executive Council of the ESCLH are pleased to call for papers for the upcoming conference to be held. The main theme picks up threads of thought from the earlier ESCLH conferences in Valencia (2010), Amsterdam (2012), Macerata (2014), Gdansk (2016), Paris (2018) to explore what roles Professions and Methods have played, and continue to play, within comparative legal history. Offers of papers should be submitted by 15 November 2019 (details below).
          The conference will focus on legal professions and method, especially the methods of legal professionals across Europe and the world. Judges, lawyers and other legal professions have developed differently from country to country and even now, we can find substantial differences in training, method, role and work. Legal methodology, including the motivation of judicial decisions, lawyerly style and method of arguing cases needs to be studied in historical and comparative perspective to understand where we are now, and where we might be heading.
          Papers could probe the process of emergence and evolution of legal professions, from their institutional aspects and their understanding of their jobs, through to technical matters of method. They could also study the effects of structure of legal professions on the on the way law functions, most obviously through case law. Papers which also look through the lens of the historical context of the countries in which the legal professions operated are welcome.
          Papers should be novel, properly researched and referenced. They should address the conference theme, exploring doctrinal, theoretical, cultural or methodological aspects of comparative legal history. They must also be comparative, addressing more than one system of laws. The organisers particularly welcome addressing multiple legal systems or cultures. This includes where a similar legal system functions in different cultural circles.

Practical details:
1. To offer a paper, please send the title of their paper, a short abstract (of 200-400 words, no more, and a short CV (no more than 1 page) by 15 November 2019 to the organizing committee, c/o esclhinlisbon2020@fd.ulisboa.pt
2. The presentations should be in English.
3. It is also possible to submit a complete proposal for one or more panels (3 papers normally).
4. The list of accepted papers will be announced by early December 2019.
Shortly, a conference website will be launched with fuller details of the conference. For the moment, some transport and accommodation information follows.

Lisbon offers many accommodation possibilities ranging from five-star hotels, through smaller hotels and private rooms to beds in youth and student hostels. For some postgraduates the University of Lisbon, might be able to offer cheaper accommodation in student dormitories, and anything available will be advertised in due course.


Organising Committee:

Pedro Barbas Homem
Susana Antas Videira
Ana Fouto
Jorge Silva Santos

SEMINAR SERIES: l’Humanisme juridique (Paris, January-May 2020)


(Source: Hi-D)

Via Hi-D, we learned of the programme for an international interdisciplinary seminar series on “l’humanisme juridique” in Paris next year.

L’HUMANISME JURIDIQUE

Séminaire international pluridisciplinaire
sous la direction de
Luigi-Alberto Sanchi (IHD, Cnrs/université Paris II Panthéon-Assas) et Xavier Prévost (IRM-CAHD, université de Bordeaux)

Année 2020

Géographies de l’humanisme juridique
L’Institut d’histoire du droit de l’université Paris II Panthéon-Assas, en collaboration avec l’Institut de recherche Montesquieu-CAHD de l’université de Bordeaux, organise des séances de séminaire qui ont lieu au Collège Sainte-Barbe, en salle Collinet (4 rue Valette, 75005 Paris, 3e étage), le vendredi de 14h30 à 16h30.

LES CONFÉRENCES SONT PUBLIQUES.

Vendredi 10 janvier 2020 – 14h30-16h30
Avignon, un lieu majeur du développement et de la diffusion de l’humanisme juridique (c.1518-1529) ?
Géraldine CAZALS, université de Rouen (CUREJ)
Vendredi 7 février 2020 – 14h30-16h30
L’enseignement juridique en Allemagne (1520-1540). Mathias SCHMOECKEL, université de Bonn
Vendredi 13 mars 2020 – 14h30-16h30
Le schisme des parlements « royalistes » en 1591 : théorie et application des thèses gallicanes.
Marco PENZI, université Paris 1 Panthéon-Sorbonne (IHMC)
Vendredi 3 avril 2020 – 14h30-16h30
Peregrinatio academica et circulation du savoir juridique au XVIe siècle.
Luisa BRUNORI, Cnrs / université de Lille (CHJ)
Vendredi 15 mai 2020 – 14h30-16h30
Dall’interpretazione delle antiche epigrafi milanesi alla ricostruzione delle cariche municipali a Milano in epoca romana.
Annalisa BELLONI, université catholique de Milan

(Source: Hi-D)


BOOK: Thomas GREEN, The Spiritual Jurisdiction in Reformation Scotland - A Legal History (Edinburgh: Edinburgh University Press, 2019). ISBN 9780748699988, $110.00




(Source: OUP)

Oxford University Press is publishing a new book on the spiritual jurisdiction in reformation Scotland.

ABOUT THE BOOK

Re-evalutes the medieval Church in Reformation Scotland from the perspective of legal history

This book examines the Scottish Reformation from a new perspective--that of the legal system and lawyers. For the leading lawyers of the day, the Scottish Reformation presented a constitutional and jurisdictional crisis of the first order. In the face of such a challenge moderate judges, lawyers and officers of state sought to restore order in a time of revolution by retaining much of the medieval legacy of Catholic law and order in Scotland.

ABOUT THE AUTHOR

Thomas Green is Postdoctoral Fellow at the School of Law, University of Edinburgh and a Director of The Scottish Archive Network (SCAN) Ltd.

TABLE OF CONTENTS

Introduction
1. The Suppression of the Courts of the Catholic Church in Scotland
2. Revolution and Law: The Reformation Parliament, the Proclamation of Leith, and the Law of Oblivion
3. Papal and Episcopal Jurisdiction in Scotland following the Reformation Crisis
4. The Rise of the Courts of the Church of Scotland
5. The Lords of Council and Session
6. The Court of the Commissaries of Edinburgh
7. The Commissary Courts and the Jurisdiction of the Courts of the Church of Scotland
Conclusion

Appendix
Outline Chronology
Select Bibliography
Index

More information here

27 June 2019

JOURNAL: The Journal of Legal History [Special Issue "Family Law(s) under the Roman Empire"] XX (2019), nr. 2

(image source: university of Glasgow)

Family Law(s) under the Roman Empire (Yifat Monnickendam & Paul J. du Plessis)

The Limits of Legal Pluralism in the Roman Empire (Kimberley Czajkowski)
Abstract:
The Roman empire was legally pluralistic. But what exactly does this entail in concrete terms? With the growth in historical studies of legal pluralism in the Roman empire, some significant differences in approach have emerged. This article tests and clarifies some of the limits in the current ‘legal pluralism’ conceptual landscape, focussing on disputes and dispute resolution. It is argued that a clearer distinction should be drawn between ‘normative’ and ‘jurisdictional’ pluralism, though both approaches still raise certain conceptual problems. The place of disputes within the family within this wider institutional picture is then taken as a case study in the final part of the paper, and it is suggested that while family disputes can evidence ‘legal pluralism’ in the ‘norms’ sense, there is less to suggest that there were a multitude of officially sanctioned legal fora available for resolving family disputes. As a result, many went beyond the law. This has wider implications for the study of legal pluralism in antiquity and the problem of integrating alternative dispute resolution (ADR) into the pluralistic picture
Greek Influences on Roman Dowry Law (Michael Leese)
Abstract:
Classical and Hellenistic Greek laws and dowry practices were generally more progressive and provided more protections for wives than early Roman marriage law and practice. Roman dowry law then witnessed a series of significant developments over the course of the republic, beginning with the time when the Romans were coming into increased contact with Greek culture. Changes in social attitudes towards the conditions for women in marriage, their ability to control their dowries, and their right to own property, seem to have been responsible for these transformations in Roman family law. As Romans became increasingly Hellenized, their dowry and marriage practices in general came to resemble patterns prevailing in the Greek world, perhaps as a result of individuals’ emulation of Greek laws and customs. The shift from the overall predominance of marriage in manu to marriage sine manu may therefore be explained partly by influences from the Greek world.
 Herod the Great and the Iudicium Domesticum: Legal Pluralism to Die For (Thomas A. J. McGinn)
Abstract:
The central question under consideration in this article is whether the various trials to which Herod, the well-known king of Judaea, subjected family members qualify as instances of the Roman iudicium domesticum. Modern debate among legal historians has been shaped by the views of two scholars in particular, Wolfgang Kunkel, who argues that one of them so qualifies, and Alfredo Mordechai Rabello, who contends that the rest do not, asserting that Herod simply followed the rules and procedures associated with a Hellenistic court. For the first time in modern scholarship, this article scrutinizes in detail all six examples of such trials. By itself, the evidence, though relatively copious, does not permit us to resolve this dispute as clearly and unambiguously as we would like. Much depends, for example, on precisely how one wishes to define the institution in question. Recent scholarly advances in the area of legal pluralism, however, point in the direction of a solution that does justice to both sides of this debate, as well as, perhaps, to Herod himself.
Did Roman Treatment of Freedwomen Influence Rabbinic Halakhah on the Status of Female Converts in Marriage? (Yael Wilfand)
Abstract:
 Rabbinic legal texts often pair converts with freed slaves. This association has been explained by the notion that, like converts, freed slaves joined Judaism upon manumission; therefore, freed men and women were legally viewed like converts. I suggest an inverse and more complex dynamic, through which Roman laws and concepts regarding freed persons influenced particular elements of rabbinic halakhah concerning converts, especially female converts. Since Roman freedwomen were new citizens with certain marital limitations, which have been attributed to lacking pedigree and an assumed sexual history (during servitude), their legal status offered a useful prism for considering female converts, who also had matrimonial restrictions and were without lineage. Moreover, given that a freedwoman’s prior enslavement had implications for her sexual background, female converts were viewed through that same lens. So, even though female converts may have come from non-Jewish families that considered their daughters’ virginity an important asset, the rabbinic legal linkage of freed slaves and converts affected several halakhot concerning female converts and their status in marriage, irrespective of their actual sexual history. Yet certain non-legal rabbinic teachings distinguish between these two female cohorts, resembling the differentiation between freedwomen and freeborn females that characterized the Roman world.
 Marriage and Family Law in the Ancient Church Order Literature (Joseph G. Mueller)
Abstract:
Numerous ancient texts present prescriptions on Christianity’s ethic, liturgy, leadership, and other institutions. Scholars call ‘church order literature’ a few of them composed in Greek, because of literary dependencies among them that make them an identifiable corpus. The composition of some of them seems to begin in the first century. In the fourth century, Christians began to gather them in various collections. While all these texts and their collections have no common literary genre, they do all purport to convey a tradition of apostolic teaching on the conduct of church life and its institutions. This teaching sees God’s law based on Christian scripture as the only valid law for church life. This article will present the prescriptions of that law conveyed by the ancient church order literature on the following topics: family requirements for membership in the church, prohibitions defining and defending marriage, regulations on family relationships, and restrictions on who may marry. Even in its dispositions on marriage and family, the ancient church order literature attests Christians’ contact with multiple legal regimes in the Roman empire. This literature reflects a view of the ancient Christian family that is typical in its difference from, and its similarity to, Greco-Roman conceptions.
(more information with Routledge)

Vincent Dujardin et al., La Commission européenne 1986-2000 (Luxembourg: Office des publications de l’Union européenne, 2019). ISBN 978-92-79-89755-9, open access




The Publications Office of the EU has published a new book (open access) on the history of the European Commission during the period 1986-2000 (published in a French, German and English language version). All other publications in this series can be found here.

ABOUT THE BOOK

À la suite de la relance de Fontainebleau de 1984, puis de l’arrivée de Jacques Delors qui peut s’appuyer sur un couple franco-allemand revigoré, le processus d’intégration européenne va rapidement s’accélérer. La Commission joue un rôle moteur à cet égard. Sous Jacques Delors, trois grands projets ont été initiés: l’achèvement du marché intérieur, l’Union économique et monétaire et l’ouverture aux pays d’Europe centrale et orientale après la chute du mur deBerlin. Sous Jacques Santer et Romano Prodi, la Commission a veillé à la mise en place de ces projets ou à en assurer la continuité, menant de front les négociations préparatoires à la mise en place de l’Union économique et monétaire et au plus grand élargissement de l’histoire de l’Union européenne, les eff orts en matière d’approfondissement et la réfl exion relative à la gouvernance européenne en vue des futures adhésions. En outre, de nouveaux traités sont signés, conduisant à un accroissement substantiel des compétences de la Communauté. Mais la diffi cile ratifi cation de celui de Maastricht montre aussi que les opinions publiques sont à conquérir, qu’elles doivent être la cible d’une communication et d’une information plus soutenue. Cinquante-deux professeurs et chercheurs, appartenant à plus de trente universités ou centres de recherche en Europe ou aux États-Unis et à une quinzaine de pays, ont pris part à la rédaction de cet ouvrage. Pour mener à bien leurs travaux, les auteurs ont pu avoir accès à des archives inédites de la Commission. De plus, de nombreux témoins, anciens fonctionnaires, commissaires ou présidents de la Commission ont pu être interrogés. Il reste que l’ensemble de ces sources inédites, orales ou écrites a constitué une abondante et riche documentation qui a permis aux chercheurs de jeter un éclairage nouveau sur l’action de la Commission entre 1986 et 2000. Un projet similaire avait déjà mené à la publication de deux ouvrages, le premier consacré aux années 1958-1972 et le deuxième aux années 1973-1986. Le présent ouvrage est le troisième volume d’une série dont le premier, La Commission européenne 1958-1972 — Histoire et mémoires d’une institution, a été publié en 2007 et le deuxième, La Commission européenne 1973-1986 — Histoire et mémoires d’une institution, l’a été en 2014

All info can be found here

26 June 2019

JOURNAL: Tijdschrift voor Rechtsgeschiedenis/Revue d'Histoire du Droit/The Legal History Review LXXXVII (2019), nr. 1-2

(image source: Brill)

Residual value and assessement of damages under the lex Aquilia (Harry Dondorp)
Abstract:
Nowadays it is generally held, that the owner who brought an actio legis Aquiliae usually claimed no more than his loss, perhaps already in Ulpian’s time, for certain in Justinian’s. For the sum of condemnation based upon the estimation-clauses of the lex Aquilia would only then exceed his damages, if either the injured object’s value had decreased in the last year or 30 days (Inst. 4,3,9) or the wrongdoer had denied having caused the damage (C. 3,35,4). There is, however, a third reason, which the Roman texts fail to mention: a possible residual value of killed lifestock, wounded slaves, and damaged objects, which benefitted the owner. Only a few later jurists took this into account: in medieval times Jacques de Révigny and Pierre Jacobi, Johann Oldendorp in the Early Modern era. The notion prevailed that the lex Aquilia obliged to pay at least the object’s full value.
The Gloss to the Saunteen Kesta (Seventeen Statutes) of the Frisian Land Law (Jan Hallebeek)
Abstract:
The Seventeen Statutes is one of the oldest classical texts of Old Frisian Law. In its late fifteenth century edition, as part of the Frisian Land Law, it was provided with Latin glosses. Analysis of these glosses, which were scarcely investigated until now, enables us to pronounce with more certainty upon the date of both the Frisian Land Law, as a compilation, and its Gloss. Moreover, the glosses to the Seventeen Statutes reflect a considerable increase of ecclesiastical competence, point to certain principles of Romano-canonical procedure and use Roman law texts when applying provisions of indigenous law. This all may indicate a stronger presence of learned law in late medieval Friesland than previously assumed.

The barratry of the shipmaster in early modern law: polysemy and mos Italicus (Guido Rossi)
Abstract:
‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings of the same term had a significant influence on the qualification of maritime barratry, an influence otherwise difficult to explain.
Thomas Craig on the origin and development of feudal law (Leslie Dodd)
Abstract:
When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law and tenure in the fourth and fifth titles of the first book. By close examination of the text, the detailed formulation of Craig’s argumentation and technique is uncovered as well as the myriad classical, mediaeval and humanist sources upon which his literary project was based. In this way, the deep relationship between Craig – and by extension Scots law – and the historico-legal product of the French legal humanists is explored.
The legal foundations of post-mortem examinations in early modern Flanders. Princely legislation, custom, doctrine and judicial practice (Kevin Dekoster)
Abstract:
Because of its manifold references to the consultation of medical experts in homicide and infanticide cases, the Constitutio Criminalis Carolina of Holy Roman Emperor Charles V (1532) is often regarded as an important milestone in the development of early modern forensic medicine. During the sixteenth and seventeenth centuries the County of Flanders, a principality within the Habsburg Netherlands, witnessed a similar upsurge in the production of normative and doctrinal texts aiming to regulate forensic activities. Drawing on princely legislation, local customary law and the writings of the jurists Filips Wielant and Joos de Damhouder, this contribution will compare the corpus of Flemish legal texts with its practical application by the myriad of law courts operating within the county. As the princely legislation only laid out a general framework, the regulation of the forensic post-mortem was essentially an issue of local governance. The local nature of forensic practices should however not be overestimated. Evidence from preserved post-mortem reports demonstrates that there were more similarities between towns and regions within the county than actual differences.
De 19e-eeuwse geschiedenis van de Nederlandse wetenschap van het burgerlijke recht? Helemaal niet! (Jeroen M.J. Chorus)
Abstract:
This article reviews C.J.H. Jansen’s attempt to write the history of Private Law (except for Commercial Law) doctrine in The Netherlands during the 19th Century. Regrettably, Jansen’s book does next to nothing discuss academic and other scholarly writings on the Law of Property and of Obligations, and does not at all discuss such writings on the Law of Persons and the Family, of Juristic Persons and of Succession. It only deals with aspects of methodology, of sources of law and of extra-legal factors which inspired some authors, apart from pouring out over the reader lots of facts unconnected with Private Law doctrine. The book’s title is misleading.
Reviews:
  • Hyginus, Das Feldmesserbuch, Ein Meisterwek der spätantiken Buchkunst, edited by Jens-Olaf Lindermann, Eberhard Knobloch and Cosima Möller, 2016 (A.J.B. Sirks)
  • The emperor of law, The emergence of Roman imperial adjudication, written by K. Tuori, 2016 (A.J.B. Sirks)
  • Wat is recht? De receptie van Oudfries recht in de Groninger Ommelanden in de 15e en 16e eeuw, written by Henk D. Meijering en Han Nijdam, 2018 (B.S. Hempenius-van Dijk)
  • Le tribunal de l’officialité de Tournai et les comptes du scelleu, Introduction, édition et traduction française, written by Monique Vleeschouwers-Van Melkebeek, 2016 (Stephan Dusil)
  • Deutsche Rechtsgeschichte im Kontext Europas, written by Peter Landau, 2016 (Stephan Dusil)
  • Literatura jurídica y censura. Fortuna de Vinnius en España, written by Laura Beck Varela, 2013 (Jan Hallebeek)
  • Procesgids. Hof van Utrecht. Hoofdlijnen van het procederen in civiele zaken, written by J.M. Milo & E.G.D. van Dongen, 2018) (Jan Hallebeek)
(source: Standen&Landen)

BOOK: Lindsay R. MOORE, Women before the court Law and patriarchy in the Anglo-American world, 1600–1800 (Manchester: Manchester University Press, 2019). ISBN 978-1-5261-3633-6, £80.00






Manchester University Press has published a book on women’s legal rights in the Anglo-American world during the period 1600-1800.

ABOUT THE BOOK

This book offers an innovative, comparative approach to the study of women's legal rights during a formative period of Anglo-American history. It traces how colonists transplanted English legal institutions to America, examines the remarkable depth of women's legal knowledge and shows how the law increasingly undermined patriarchal relationships between parents and children, masters and servants, husbands and wives. The book will be of interest to scholars of Britain and colonial America, and to laypeople interested in how women in the past navigated and negotiated the structures of authority that governed them. It is packed with fascinating stories that women related to the courts in cases ranging from murder and abuse to debt and estate litigation. Ultimately, it makes a remarkable contribution to our understandings of law, power and gender in the early modern world.

ABOUT THE AUTHOR

Lindsay R. Moore teaches European and World History at University of Missouri-Kansas City

TABLE OF CONTENTS

Introduction: 'When Women goe to Law, the Devill is full of Businesse'
Part I
1 The varieties of Anglo-American law: property, patriarchy, and women's legal status in England and America
2 Women as plaintiffs and defendants: the common law, equity, and ecclesiastical jurisdictions
Part II
3 Masters and mistresses, servants and slaves: patriarchy and subordinate agency in the household
4 Wives and (unwed) mothers: women's claims for financial support
5 Inheritance and family feuds: the legal power of elite women
Part III
6 Economic expansion and the erosion of patriarchy
Index

More info here

CONFERENCE: The League of Nations Decentred: Law, Crises and Legacies (Melbourne, 17-19 July 2019)


(Source: LPIL.org)

Melbourne Law School’s Laureate Program in International Law is hosting an international conference on the League of Nations next month. The draft programme is now available.

Conveners: Luís Bogliolo, Kathryn Greenman, Anne Orford, and Ntina Tzouvala.

Confirmed Keynote Speakers: Professor Fleur Johns (University of New South Wales Faculty of Law); Professor Balakrishnan Rajagopal (Department of Urban Studies and Planning, Massachusetts Institute of Technology)

Almost a hundred years after the creation of the League of Nations, it is still commonly remembered as a failure in a period of chaos and disorder. Recently, however, a growing literature has begun a reappraisal of this historiography, looking at the role of the League of Nations beyond its frustrations and disillusionments in collective security. This new surge of critical studies has led to a more complex and multifaceted understanding of the League, exploring its legacies and impacts at a time of renewed economic crises and of deepening conflicting visions of international order. On the centenary of its foundation, we are taking this further by looking at the League of Nations with a view from the South. Our aim is to decentre the League and to explore competing visions of international order, law and institutions that resonate in our contemporary world.

This conference will bring together scholars working in law, history, international relations, and political theory to think critically about the League of Nations, law, institutions, practices, ideologies and technologies in relation to or with a view from the South. Themes for discussion include:

  • The League of Nations and the regulation of international violence
  • Sovereignty, empires, and the shifting boundaries of international authority
  • Intervention (military, economic, political) in the context of the League
  • Anti-colonialism, the rise of transnational social movements (socialism, feminism, national liberation)
  • Competing internationalisms and visions of international order
  • The rise of fascism and Nazism
  • Petitioning, oversight, publicity and new arenas of international politics
  • Humanitarianism, humanitarian assistance and governance
  • Adjudication, arbitration, and the Permanent Court of International Justice
  • The relationship between the League of Nations and contemporary or succeeding international institutions
  • The Mandates system
  • Indigenous peoples and the League of Nations
  • Codification and the role of international law
  • Major crises of the League of Nations (eg Ethiopia, Manchuria)
  • Economic and social regulation and authority
Please find the draft program here.

All info can be found here

25 June 2019

BOOK : Roy FLECHNER (Transl.), The Hibernensis: Book 1: A Study and Edition [Studies in Medieval and Early Modern Canon Law] (Washington D.C.: Catholic University of America Press, 2019). ISBN 978-0813231938, $75.27


(Source: Amazon.com)

The Catholic University of America Press is publishing an English translation and commentary of the early medieval, Irish, tract Hibernensis.

ABOUT THE BOOK

The Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. Compiled in Ireland in the late seventh or early eight century, it exerted a strong and long-lasting influence on the development of European canon law. The present edition offers―for the first time―a complete text of the Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and a commentary that is both historical and philological. TheHibernensis is an invaluable source for those interested in church history, the history of canon law, social-economic history, as well as intellectual history, and the history of the book.

Widely recognized as the single most important source for the history of the church in early medieval Ireland, the Hibernensis is also our best index for knowing what books were available in Ireland at the time of its compilation: it consists of excerpted material from the Bible, Church Fathers and doctors, hagiography, church histories, chronicles, wisdom texts, and insular normative material unattested elsewhere. This in addition to the staple sources of canonical collections, comprising the acta of church councils and papal letters. Altogether there are forty-two cited authors and 135 cited texts. But unlike previous canonical collections, the contents of the Hibernensis are not simply derivative: they have been modified and systematically organised, offering an important insight into the manner in which contemporary clerical scholars attempted to define, interpret, and codify law for the use of a growing Christian society.

ABOUT THE TRANSLATOR

Dr Roy Flechner lectures at University College Dublin. He obtained his Masters degree and Doctorate from Oxford University, subsequently becoming a Postdoc at Trinity College Cambridge. His research explores contacts between Continental Europe and the islands of Britain and Ireland in the early medieval period. He won awards for his research on church history and historiography, but he is especially known for his work on conversion to Christianity, canon law, and St Patrick.

More information here

BOOK: Alla POZDNAKOVA, ed., Russian Revolutions of 1917: Scandinavian Perspectives (London: Wildy, Simmonds and Hill Publishing, 2019). ISBN 9780854902750, €65.40



Wildy, Simmonds and Hill Publishing has published an edited collection on Scandinavian perspectives to the Russian revolution of 1917.

ABOUT THE BOOK

Ten legal scholars explore facets of the 1917 Russian revolutions from the standpoint of Russian law (transition to a market economy), Comparative law (the impact of the 1917 Revolutions on the Soviet and post-Soviet legal experience; the development of comparative legal studies in Russia, and similarities and differences between Soviet and German Nazi law), and public international law (Russian fishing activities off Finnmark; Norwegian recognition policies vis-a-vis Russia; and the enduring importance of the Martens Clause in international humanitarian law). 

The volume is complemented by a substantial selection of documents on Scandinavian-Russian legal relations between 1917 and 1928. 

ABOUT THE AUTHOR

Alla Pozdnakova is Professor of Law at the University of Oslo in Norway 

TABLE OF CONTENTS

Introduction (Alla Pozdnakova)
History of the 1917 Russian Revolution(s): An Overview (Asmund Egge)

RUSSIAN LAW
Ten Years that Shook the World: How Russia Became a Market Economy - Or Did It? (Kaj Hober)
Real Property Privatization in Pre- and Post-Soviet Russia: Different or the Same? (Tina Soliman Hunter)

COMPARATIVE LAW
The Impact of the Russian Revolution: A Century of Revolutionary Law (William E. Butler)
Russian Comparative Law Before and After the 1917 Revolutions(Irina Fodchenko)
Law and the Russian Revolution: A Comparison with the Nazi Approach to Law (Hans Petter Graver)

INTERNATIONAL LAW
Russian Fishing Activities Off the Coast of Finnmark: A Legal History (Kirsti Strom Bull)
Revolution, Requisition, and Recognition: Norwegian-Soviet Relations, 1917-1925 (Ola Mestad)
Importance of the Martens Clause for the Development of International Humanitarian Law (Gentian Zyberi)

DOCUMENTS ON SCANDINAVIAN/RUSSIAN RELATIONS
Scandinavian Treaties with the RSFSR and the USSR; 1918-1928 (William E. Butler)
- Denmark
- Finland
- Iceland
- Norway
- Sweden

INDEX OF NAMES

More information here

24 June 2019

JOB: RESEARCH PROJECT 'INNOVATION THROUGH EDUCATION' KULEUVEN (DEADLINE: 15 AUGUST)

Job Opportunities @ KU Leuven: 5 PhD Scholarships in Early Modern Book History, Theology and Legal History

In October 2019, the interdisciplinary research project “Innovation through Education: Pioneering Change in Law and Theology in Louvain’s Golden Age”will be launched. The project is led by a team of KU Leuven researchers consisting of LECTIO members Prof Wim Decock (Roman Law and Legal History, spokesperson), Prof Wouter Druwé (Roman Law and Legal History), Prof Randall Lesaffer (Roman Law and Legal History), Dr An Smets (KU Leuven Libraries) and Prof Violet Soen (Early Modern History), with the support of Prof Mark Depauw (Ancient History/Digital Humanities), Prof Wim François (History of Church and Theology) and Prof Jan Papy (Latin Literature). The team is now opening a call for 5 PhD positions within the project, funded by the Research Fund of the University of Leuven.


Project Description

The project studies the teachings of professors in law and theology at the University of Louvain and the Jesuit College of Louvain in the 16th and 17th centuries. By analyzing hitherto unexamined notetaken by students during courses of selected professors (Michael Baius, Jacobus Jansonius, Robertus Bellarminus, Leonardus Lessius, Andreas Vallensis, Petrus Peckius, Petrus Gudelinusand Antonius Perezius), the objective is to propose a grassroots perspective on intellectual change in law and theology in the early modern period. Handwritten material (e.g. student notebooks) will be confronted with printed sources (e.g. published treatises) to examine whether innovative ideas were tested in the classroom before they found their way (or not) into printing. Special attention will be paid to the interaction between new societal challenges and changes in the contents and methods of teaching law and theology. Moreover, the question will be raised what impetus, if any, Louvain professors received from (inter)national scholarly networks, especially from Douai and Salamanca. The project builds upon and expands the Magister Dixit-project (http://lectio.ghum.kuleuven.be/lectio/magister-dixit). 

Candidates are invited to apply for a full-time, four-year fellowship in one of the following subprojects: 

  • scholarship 1: “Towards a New Book Archeology of Teaching in Louvain” 
  • scholarship 2: “The Biblical Turn in Theology and New Teachings on Grace and Free Will”
  • scholarship 3: “Re-Inventing Canon Law: Teaching the Decretals After Trent” 
  • scholarship 4: “Re-Constituting the Habsburg Netherlands: Civil Lawyers and the Rise of Public Law” 
  • scholarship 5: “Transforming the Morality of the Market: The Jesuit Contribution to Law & Theology” 
The letter of motivation should indicate in which of the subprojects the candidate would prefer to be involved and how the candidate envisages the content of the PhD-project.The final decision about the sub-project and PhD-topic will be made in common agreement with the promotors. Depending on the sub-project and the promotors, it will be possible to pursue a PhD degree in either history,law or theology.

Requirements

You hold a master’s degree with at least distinction in one of the following fields: history, law, canon law, languages and literature, philology, philosophy or theology and religious studies, or, ideally, in more than one of those fieldsStudents graduating in September 2019 are eligible to apply. 

good command of Latin is essential, as the primary source material is not available in translation. The working language of the project is English, but dissertations can also be written in Dutch, French or German. Paleographical skills are an asset. Training will be provided in the first year of the project. 

Candidates are team playereager to work in an interdisciplinary and international research environment. The PhD candidates will be expected to live and work in Leuven and contribute actively to the monthly seminars of the research group.

Remuneration

The net amount of the scholarship will be approx. 2000euro/month, depending on age, professional experience and family status; in additionthe fellowship provides for social and health benefits, office space and a bench fee for research expenses.

Subject to positive evaluation after the first year and the second year, the scholarship has a total duration of 48 months (1+1+2)KU Leuven offers a wide variety of courses for PhD candidates, a minimum of which must be followed as part of the compulsory doctoral training program, the specific content of which may vary from one faculty to another. 

The PhD candidates will benefit from a unique experience in an interdisciplinary environment with junior and senior experts in the fields of book history, digital humanities, history of law, history of church and theology, early modern history, religious history, and philology.  

All senior team members are involved in LECTIO, KU Leuven’s Centre for the Study of the Transmission of Text and Ideas in Antiquity, the Middle Ages and the Renaissance. PhD candidates will be encouraged to participate in LECTIOs activitieshttp://lectio.ghum.kuleuven.be/

How to apply

Applications should include a detailed CV, a writing sample and at least one letter of recommendationThe candidate is expected to submit a letter of motivation in which she/he expresses her/his preference for one or more of the sub-topics and how she/he envisages the PhD-project. 

Candidates are asked to submit their application to wim.decock@kuleuven.beAs from July, candidates will be requested to follow the online application tool available at https://www.kuleuven.be/personeel/jobsite/en/phd/phd-candidates. 

The deadline for applications is 15 August 2019. After a preliminary screeningselected candidates will be invited for an interview, involving accomplishment of a project-related task,in Leuven at the end of August/beginning of SeptemberStarting date of the scholarship is 1 October 2019 

(Source: Standen en Landen