We learned of a call for papers for a
workshop on the life and work on the Italian jurist Tullio Ascarelli
(1903-1959).
1. Workshops.
The congress “Nas Trilhas de Ascarelli” will be
comprised of four (4) workshops:
1.1. Ascarelli
and Comparative Law. Coordinators: Fernanda
Mynarski Martins Costa and
Felipe Augusto Gato Dutra.
Law is a practice and,
as such, it is eminently changeable, which is why its understanding presupposes
an examination of the historical, economic, social and ideological aspects of
the various cultural manifestations. In seeking to understand the legal
phenomenon, the role of comparative law stands out, whose objective is to
understand the differences between the plurality of legal models, in order to
elucidate existing law and to provide useful indication on the law in
preparation.
Comparative law, as
Tullio Ascarelli explained, is not limited to comparing legislation: it
requires “the actual comparison of rights, considered in the practical
application and technique of their interpretative development”, which involves
considering the “implicit assumptions” that influence the formulation of the
problems to be solved by comparison (ASCARELLI, Tullio. Problemas das sociedades anônimas e direito
comparado. São
Paulo: Saraiva, 1945, p. 49).
This methodological
warning, among others developed by Tullio Ascarelli, marks the development of
comparative law in the 1940s and 1950s, especially due to its functional
analysis. Here, comparative law is understood as a means to broaden our legal
experience in space, assisting legal progress by understanding and evaluating
the various synchronously considered legal systems.
Contemporary reality,
however, differs significantly from that experienced by the Italian jurist. The
social complexity, resulting, among other factors, from the increase in
economic and legal interdependence between different countries promoted by the
process of globalization, implies obstacles in the task - essential to
comparative law - of differentiation between legal systems.
Assuming that the
legal system is an expression of cultural experience, and that the process of
globalization impairs the sharpness of cultural diferences, this workshop aims
to discuss how the Ascarellian conceptual contribution about comparative law
can help jurists to think about the current cultural reality and to solve the
problems existing in it. Moreover, the
workshop aims to discuss the extent to which their conceptions should be
adapted.
1.2. Ascarelli
and Commercial Law. Coordinators: Rogério Soler and Luiz Felipe Roque.
Study and
practice of contemporary commercial and corporate law are marked by
interdisciplinarity and internationalization. The traditional legal discourse
of these fields constantly dialogues with and receives inflows from different
rationalities, especially from economic theory. Furthermore, a globalized
economic system puts lawyers in contact with norms, concepts and theories
derived from multiple legal systems, be them national, international or even
global. In view of these challenges, Tullio Ascarelli’s work stands out,
highlighting his status as one of the most important legal theorists of the
past century. His early interest in the interaction between law and economics,
especially with regard to production of legal norms and the evolution of legal systems,
and in the comparison of legal solutions to issues raised by the advance of
capitalism in different jurisdictions, resulted in a vast, innovative and
pioneer intellectual production, one that combines methodological rigor and
attention to the not always virtuous evolutionary dynamic of the market
economy. These connections invite us to ponder: to what extent are Ascarelli’s
contributions helpful to tackle the challenges faced by contemporary commercial
and corporate lawyers and practitioners? Is it possible to take a step back, to
update or criticize elements from Ascarelli’s reflections, without ignoring the
particular historical context in which he lived and wrote, in order to propose
steps forward on the present days? This workshop is calling for papers guided by
these general premises, applied to any of the commercial and corporate law
areas, notably (i) contract law, (ii) corporate law and capital markets, (iii)
competition / antitrust law and intellectual property, (iv) credit, receivables
and securities law and (v) monetary law.
1.3. Ascarelli,
legal methodology and interpretation. Coordinators: Gustavo Angelelli and
Mariana Martins-Costa Ferreira.
Tullio Ascarelli has
studied several areas of Law, especially Commercial Law. Beyond his ideas and
conceptions with respect to legal institutes and norms, however, it shall be
noted the methodology developed by Tullio Ascarelli to develop his studies.
Contrary to the common figure of the expert, that is restricted to a certain
area of Law, he had a comprehensive view of law, even when dealing with
specific subjects. In this sense, Ascarelli's studies of legal institutes or
norms are always sustained, either expressly or implicitly, in a concept of
law, as well as in historical and philosophical foundations. On the other hand,
and as the corollary of this way of thinking, it is highlighted in Ascarelli's
work the role of legal interpretation, in which it reflects on problems such as
the declarative or creator character of interpretation, its historical function
and the orientation of the interpreter. The goal of the Tullio Ascarelli
Workshop on methodology of law and interpretation is to allow the debate on
methodology and legal interpretation, based on Ascarelli’s way of thinking the
Law. In particular, it is expected that the Workshop's debates will highlight
the complex relationships between theory and practice, dogmatic and philosophy,
legal norm and social reality, concrete case and general norm, declaration and
creation of law, among other themes and concepts.
1.4. Ascarelli
and history of law. Coordinators: Ariel Engel Pesso and Renata Nascimento.
History is a central topic on the
intellectual journey of Tullio Ascarelli, who, considering the challenges of
his time, has resorted to History to explain, question and interpret them.
Ascarelli's understanding was that jurists should take History as at the same
time start and arrival point, mainly when interpreting the law, which manifests
itself on History, on Legal History and on the History of Legal Thought, as
stated on Ascarelli's essay “Antigone e Porzia” (1955). Thus, for him, legal
systems and the evolution of its dogmatics can be understood by and through
History. Therefore, this workshop wishes to collect papers
about, on a historical perspective, (i) private law during Ascarelli’s life
(1930-1950), in Brazil or Italy, (ii) the value of Ascarelli’s contribution to
Legal History, (iii) his contribution to the development of Brazilian law (for
example, on his pioneering studies on tax law, etc.) and (iv) his general view
about History and about Brazil, mainly taking as a starting point his "Sguardo
sul Brasile" (1949). All papers must critically dialogue with Ascarelli’s
works, mainly considering the uses of History by the Italian jurist.
2. Time and Place.
The workshops will take place on Tuesday and Wednesday
(26-27th May 2020), during the afternoon (14h-17h, in Brasília Time
- BRT), at the Law School of the University of São Paulo (USP). The auditoriums
for the presentations shall be informed when closer to the congress date.
Inscriptions will not be required. The congress will
be free and open to all.
3. Papers
submission.
3.1. Author(s)
Expanded abstracts may be submitted
by graduating, post graduating and graduated students from universities in
Brazil and abroad.
Each participant may present a different paper in up
to two (2) workshops and eventual time adjustments are in charge of the
coordinators of the concerned workshop.
3.2. Content
The expanded abstract shall contain: (i) the name and
the academic degree of the author(s) (maximum of two - 2 - authors per
article), (ii) title, (iii) keywords (2-5 words), (iv) research question, (v)
objectives, (vi) methodology, (vii) conclusion (even if preliminary), (viii)
bibliographic references.
3.3. Text formatting
The expanded abstract shall be written in two (2) to
four (4) pages, with margins of 2 cm, the text in 11pt, Arial font, justified
text alignment and 1,5 line spacing in A4 paper size.
The title shall be centralized, while the name(s) and
academic degree of the author(s) shall be aligned to the right.
The bibliographic references shall be conforming to
the ABNT formatting (Brazil’s academic official formatting), except for
legislation that must follow the form of Complementary Law n. 95, of February
26, 1998, and the jurisprudence, which must follow the standard traditionally
accepted in law (complete indication of the Court, Rapporteur, designated Rapporteur
- if applicable -, whether unanimous or majority vote, case and judgment
number, judgment date, date of official publication).
3.4.
Expanded abstract and presentation idioms.
Only
expanded abstracts in Portuguese or in English will be accepted. The
presentations may also be in Portuguese or in English.
3.5. Form and
deadline for submitting.
The expanded abstract shall be sent to the email
address “trilhasascarelli@gmail.com” until March
25, 2020.
The “Subject” of the email shall be
filled in with the intended workshop (1, 2, 3 or 4, as pointed in the item 1
above), the name of the author(s) and the full title of the paper.
3.6.
Admission criteria and announcement of results
The papers shall be original, unpublished and be
conform to the justification of the workshops (item 1 above). They shall also
use Ascarelli’s works broadly and critically.
The coordinators of each workshop are in charge of the
evaluation, the selection and the admission of the papers. Expanded abstracts
may be reallocated to another workshop, if appropriate.
The announcement of the admitted expanded abstracts
will be on April 15, 2020, via
email.
4. Presentations.
Each workshop will be coordinated by two (2) students
of the Graduate Program of the Law School of the University of São Paulo (USP).
The duration of the presentations will be accorded by
the coordinators and the presenters at the beginning of each session. It is
recommended that the presentations last ten (10) minutes, followed by comments
by the coordinators and debates.
Certificates attesting the participation will be
issued to those who present their papers.
5. Papers’ Publication.
The two coordinators responsible each workshop will
choose one (1) of all papers presented in the respective workshop, in
consideration to the following criteria: thematic affinity; use of Tullio
Ascarelli’s works, development of the research question.
It is possible that these selected
works are published in a volume which will gather the conferences presented in
the congress “Nas Trilhas de Ascarelli”.
6. Doubts
São
Paulo, January, 2019.
Organizing
Committee
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