The journal Comparative Legal History has published its latest issue, and has a (rolling) call for submissions.
The journal Comparative Legal History is an official academic forum of the European Society for Comparative Legal History. It was first published in 2013 and aims to offer a space for the development of comparative legal history. Based in Europe, it welcomes contributions that explore law in different times and jurisdictions from across the globe.
The journal welcomes contributions from the fields of law and history, and is likewise receptive of interdisciplinary legal studies with the comparative aspect at their core. Attention is also devoted to papers focusing on understudied jurisdictions and/or periods, as well as topics generally constricted to a specialist audience. Authors should feel free to approach the Articles Editor for initial inquiries on suitability.
Submissions are being assessed on a rolling basis. For more information on the journal visit: https://www.tandfonline.com/journals/rclh20
The ESCLH is proud to announce that volume 10 issue 2 of Comparative Legal History is now available. The issue contains three articles and eight book reviews:
· Articles
o
The Study of
Natural Law in Coimbra, Seville, and Santiago de Chile (Eighteenth and
Nineteenth Centuries)
Fernando
Pérez Godoy, Carlos Fernando Teixeira Alves, & Fernando Liendo Tagle
This
article seeks to establish a comparative analysis of the reforms to the study
of natural law in Coimbra, Seville, and Santiago de Chile. The main goal is to
find differences and similarities in the implementation of legal educational
reforms in the Catholic legal culture at the end of the eighteenth century and
the beginning of the nineteenth century. In this context, we argue that the
introduction of the theory of modern natural law in these three areas can be
understood as a transatlantic and supra-confessional process of intellectual
communication, which is a phenomenon typical of the Catholic Enlightenment.
Although we suggest that there was a common bond, we also propose that our
cases must be understood in the local and circumstantial contexts in which
particular needs prevailed. To historicise the differentiations and
similarities, it is necessary to consider the roles of the Catholic legal
tradition, the common heritage of the ius commune, the confessional
fragmentation of Europe, the effects of the revolution of modern science,
modernisation projects, and the Iberic American revolutions. Comparative
research in Seville, Coimbra, and Santiago de Chile makes it possible to
explore the transnational history of natural law and the law of nations not only
in the field of educational legal reforms but also in their political
projections. Thus, we also examine the political-cultural dimension of the
confrontation/cooperation of Protestant natural law with the bureaucratic
challenges and institutional transformations of the Iberian monarchies at the
end of the eighteenth century.
o
What is a
colonial treaty? Questioning the visible and the invisible in European and
non-European legal negotiations
Saliha
Belmessous
This
article examines the use of the notion of ‘colonial treaties’ to describe the
agreements that European states concluded with non-European polities from the
late fifteenth century onwards. Given the absence of such a notion in
international law treatises, the article first traces its genealogy before
examining how it has influenced the scholarly understanding of legal
negotiations between Europeans and non-Europeans. The article reflects, in
particular, on the assumption that treaties signed with non-European polities
were all ‘unequal treaties’ that revealed both the inequality of the political
relations between Europeans and non-Europeans and that of their respective
legal systems. Such an approach, it is argued, homogenises and simplifies the
history of treaty relations between European and non-European polities.
Finally, the article aims to remind us that the notions we use, often
uncritically, have a history, and they are accompanied by presuppositions that
influence the way we think about our subject of study and of which we need to
be aware.
o
Polish
Ordynacje and the English Common Law Entail and Strict Settlement: Social,
Political, and Religious Comparative Contexts
Lukasz
Jan Korporowicz and John Gwilym Owen
Entailing
landed property was a common feature of European property law in the late
medieval and early modern periods, and beyond. Entails were far more common in
some European states than others. This article undertakes comparative research
into different forms of entailed property in Poland (where entails were
uncommon) and England and Wales (where entails were common). It also undertakes
comparative analysis with the later English common law strict settlement, which
had the entail at its core. It investigates who created such settlements; why
they were created; the different methods of creation; the attitude of the
state/royal government; who benefitted under such settlements; inalienability
of land; and perpetuity.
· Book Reviews
o
To the Uttermost Parts of the Earth: Legal
Imagination and International Power, 1300-1870 by Martti Koskenniemi,
Cambridge, Cambridge University Press, 2021, 1124 pp, £65.99 (pbk), ISBN-10: 0521745349;
ISBN-13: 978
Lauren Benton
o
Going the Distance. Eurasian Trade and the Rise of
the Business Corporation, 1400-1700 by Ron Harris, Princeton University Press,
2020, 488 pp, £35.00 (hbk), ISBN: 9780691150772
Luisa Brunori
o
Confession and criminal justice in late medieval
Italy: Siena, 1260-1330, by Lidia Luisa Zanetti Domingues, Oxford, Oxford
University Press, 2021, 243pp, £65 (hbk), ISBN 978-0192844866
Bruce Brasington
o
Justice and Society in the Highlands of Scotland:
Strathspey and the Regality of Grant (c.1690-1758), by Charles Fletcher,
Leiden, Brill, 2021, 270 pp, €112 (hbk), ISBN 978-9004472518
Adelyn L M Wilson
o
Negotiating Mughal Law: A Family of Landlords
across Three Indian Empires, by Nandini Chatterjee, Cambridge, Cambridge
University Press, 2020, 310 pp, $105 (hbk), ISBN 978-1108486033; free open
access (electronic), ISBN 978-1108623391
Elizabeth Lhost
o
Imperial Incarceration: Detention without Trial
in the Making of British Colonial Africa, by Michael Lobban, Cambridge,
Cambridge University Press, 2021, 450 pp, £90 (hbk), ISBN 978-1316519127
Shaunnagh Dorsett
o Weltnaturschutz: Umweltdiplomatie in Völkerbund und Vereinten Nationen
1920-1950, by Anna-Katharina Wöbse, Frankfurt and New York, Campus-Verlag,
2012, 364 pp, €39.90 (pbk), ISBN 978-3593394343
The
League of Nations and the Protection of the Environment, by Omer Aloni,
Cambridge Studies in International and Comparative Law No 159, Cambridge,
Cambridge University Press, 2021, 385 pp, €107.90 (hbk), ISBN 978-1108838191
Peter H Sand
o
The Economic Weapon: The Rise of Sanctions as a
Tool of Modern War, by Nicholas Mulder, New Haven and London, Yale University
Press, 2022, 434 pp, £25 (hbk), ISBN 978-0300259360
Mark Weston Janis
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