24 October 2022

JOURNAL: Comparative Legal History (Vol. 10, Issue 2) & Call for Papers (rolling basis)

(Source: Tandfonline)

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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