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18 December 2024

BOOK: Juan JIMÉNEZ CASTILLO, La Monarquía Indiana de Carlos II en la encrujiada. La reconfiguración del poder virreinal en el Perú (1674-1689) [Avisos de Flandes, ed. Werner THOMAS; 21] (Leuven: Leuven University Press, 2024), 578 p. ISBN 9789462704084 [OPEN ACCESS]

(image source: Leuven University Press)

Abstract:

At the end of the 17th century, Spanish America was not yet in the throes of the crisis that would lead to the decadence of its Empire. This book unravels the causes and consequences of the political changes carried out by Carlos II in one of the most powerful kingdoms of his patrimony: Peru. This book shows, from a hitherto unexamined perspective, how Hispanic America was a forerunner in the reforms of the viceregal courts, which in turn reshaped the paradigm of government and interaction of the distant kingdoms. From then on, the Hispanic Monarchy shifted its interests towards America, in a reorganisation of its territories that led it not only to fight for its resilience, but also to strengthen its leading role in the international politics it had inherited from the Bourbon dynasty.

On the author:

Juan Jiménez Castillo is a postdoctoral researcher FWO at KU Leuven and a member of the Instituto Universitario “La Corte en Europa”. He holds a PhD in History from the Universidad Autónoma de Madrid, specialising in the study of the American viceregal courts during the reign of Carlos II.

Consult the book in open access here

17 December 2024

JOURNAL: Journal of the History of International Law/Revue d'histoire du droit international XXVI (2024), nr. 3 (Oct)

 

(image source: Brill)


British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law Part II (Robert Schütze)
DOI 10.1163/15718050-bja10090
Abstract:
What are the legal principles of British utilitarianism in the long nineteenth century; and what conception(s) of international law do they offer? The celebrated founder of the utilitarian school is Jeremy Bentham, who categorically rejects all metaphysical natural law thinking by insisting that all positive law ought to be adopted by a legislature. But in the absence of a world legislature, what did this mean for the positivity and normativity of international law? Surprisingly, Bentham and a second generation of utilitarian thinkers can affirm the legally binding nature of international law; yet with John Austin, a radical ‘sovereigntist’ critique subsequently casts doubt over the nature of international law as law ‘properly so called’. This infamous scepticism would have a profound impact on British international thought in the twentieth century; yet in the nineteenth century, the ideas of a third-generation utilitarian became more prominent: the liberal philosophy of John Stuart Mill. Mill’s ‘relativist’ and ‘civilisational’ conception of international law thereby gave the utilitarian project a specifically imperialist dimension that will be analysed, both in its utilitarian-philosophical and practical-legal dimensions. The article however also explores two other legacies of British utilitarianism, namely: the rise of international codification and the emergence of a specifically British conception of private international law during the nineteenth century.

Unequal Treaty in Practice: A Story about Article 23 of the Treaty of Tientsin (Shiu Chung Chan)
DOI 10.1163/15718050-12340231
Abstract:

Despite the wealth of research on cross-border activities between China proper and Hong Kong, little has been discussed about the ‘civil fugitives’ who fled from one side to the other during Hong Kong’s early colonial period. Chinese debtors who absconded to China created jurisdictional problems for Hong Kong. The addition of Article 23 in the Treaty of Tientsin was an attempt to solve this issue, and this article explores what the discussions on Article 23, particularly those from 1905 to 1907 among British colonial officials and diplomatic agents, reveal about the characteristics of colonial jurisdiction under international law. In this case, colonial jurisdiction was limited solely to the territory of Hong Kong. Proposals to amend Article 23 attempted to remove the territorial barrier and establish personal jurisdiction for the colonial government in Hong Kong, similar to extraterritorial rights in Qing China.

Gender, Human Rights Networks, and the State of Emergency During the Arab Revolt (1936–1939) (Paola Zichi)
DOI 10.1163/15718050-bja10105
Abstract: 

Contrary to the current literature on the British state of emergency during the 1936–1939 Arab revolt, that sees women as victims of counterinsurgency policies or the differential objects within national-military cultures, this article argues that Palestinian women played an active role in fostering the rise of early human rights networks, and highlights how the politics of race and gender-based violence marked an embedded dimension of the imperial and colonial political authority and practice. By focusing on the emotional and divisive question of Palestine during the Arab Revolt, and using gender as a polyhedric tool of analysis, the article aims to show the centrality of gender and women’s activism in forging and grasping technologies of colonial emergency governance as tools of resistance to colonial violence. It enriches current histories of international law and adopts a critical feminist intersectional approach.

Book reviews

State Responsibility and Rebels: The History and Legacy of Protecting Investment against Revolution, written by Kathryn Greenman (Filip Batselé) 

Read more here.

16 December 2024

REMINDER: Van Caenegem Prize 2025 (articles published or accepted in 2023, 2024)

The European Society for Comparative Legal History (ESCLH) President and Executive Council are pleased to present the ESCLH Van Caenegem Prize competition. The prize will be awarded to a young legal historian deemed to have written the best article published in Comparative Legal History, the ESCLH journal, in 2022, 2023 and 2024 or on comparative legal history in another journal in the same two calendar years. Articles published or accepted for publication in 2022, 2023 or 2024 are eligible to compete. In the case of acceptance, a letter from the journal is required.



Art. 1: Name of the prize

The Van Caenegem prize is named in honour of Raoul Charles Van Caenegem, a pioneering author in the field of comparative legal history.

Art. 2: The best article in the field of comparative legal history

(1)           The Van Caenegem prize is awarded to the young legal historian(s) in the meaning of Art. 3 who wrote the best article in the field of comparative legal history.
(2)          Every article by a young legal historian published in the Society's journal (Comparative Legal History) in the two calendar years preceding the year in which the Society's Conference is held at which the prize is to be awarded will automatically be considered for the prize.
(3)           The Van Caenegem Prize Committee may consider articles in the field of comparative legal history which are published in the same years in other journals in the English language for the prize.
(4)           Authors and third parties may submit articles in the meaning of paragraph (3) to be considered for the prize. Submission should be made by 1 January of the year in which the Society’s Conference is held at which the prize is to be awarded. The submission must be made by email to the President of the ESCLH. The submission must include a pdf of the published article and a statement indicating that the author fulfils the requirements of Art. 3.

Art. 3: Young legal historian(s)

(1)   A legal historian is regarded to be a young legal historian in the meaning of these rules if he or she is in his or her early career. Accordingly, a legal historian is eligible for the prize if on 1 January of the year of the award ceremony he or she is still within eight years after completing his or her PhD; the Prize Committee can, in exceptional cases and on application, grant an extension of this period. Normally, a legal historian fulfilling the requirement of sentences 1 and 2 will not be eligible if he or she is already a full professor.
(2)   A legal historian who has previously received the prize is not eligible to receive the prize a
second time.
(3)   In case of co-authorship all co-authors must fulfil the requirements set out in Art. 3(1) and (2). Co-authors share the prize.

Art. 4: Van Caenegem Prize Committee

(1)           The Society awards the prize to the winner as determined by the Van Caenegem Prize Committee.
(2)           The Committee shall be appointed by the Society’s Executive Council in the year before the award ceremony. The Committee consists of a president and four further members:
(a)           At least two members (including the president of the committee) shall belong to the Society's Advisory Board.
(b)           Two members shall be chosen from the organisers of the Young Legal Historians Forum which took place within two years of the appointment of the Prize Committee. These two members should not currently be supervised for doctoral work by any other member of the committee. If the Young Legal Historians Forum did not have a conference in the two years period or if it ceases to exist or if for any other reason it is not possible to appoint two members from the organisers of the Young Legal Historians Forum, the Executive Council must chose two members who are themselves young legal historians within the meaning of
Art. 3(1).
(c)            The last member of the Committee shall be chosen from the international community of scholars in comparative legal history.
(d)           No member may be affiliated to the same institution as another member. No member’s institution may be in the same country as another member’s institution. 
(5)  The Society's president can, by appointment, fill a vacancy on the Prize Committee.
(6)  After reviewing the articles, a majority of votes determines the winner. The committee may decide that the prize is shared between two authors.
(7)  A member cannot vote if the vote concerns a relative within the fifth degree, a co-author of a publication or co-applicant of a project or the author is or has been an employee or grantholder at the same institution.

Art. 5: The award of the prize

The prize is awarded by the Society's president at the Society's Conference. The winner will be announced in the issue of the Comparative Legal History following the conference.

Art. 6: Prize money and certificate

The prize consists of a sum to be determined by the Executive Council and a certificate. The Prize Committee will write a one page report, detailing the academic qualities and importance of the article. The president and the further members of the Committee cannot communicate with those outside the Committee in any other way about their decision.

Art. 7: Dispute resolution


Any dispute in respect of a Van Caenegem Prize must be submitted to the president of the Society whose determination is final. 

Potential authors should consult the submission information on Comparative Legal History.

Past winners
2014 (Macerata Conference)

Bram Delbecke (KULeuven) for his article "The Political Offence and the Safeguarding of the Nation State: Constitutional Ideals, French Legal Standards and Belgian Legal Practice, 1830–70", Comparative Legal History I (2013), 45-74 (article link)

2016 (Gdańsk Conference)

Frederik Dhondt (VUB/UGent) for his article "‘Inter ruinas publicas scriptum’: Ernest Nys, a legal historian in defence of Belgian tax payers during the Great War", Comparative Legal History III (2015), 131-151 (article link)


2018 (Paris conference)

Shavana Musa (Manchester) for her article "Victims of maritime conflict, compensation claims and the role of the admiralty court in the early modern period", Comparative Legal History V (2017), 125-141 (article link)

2020 (Lisbon conference/postponed)

Nadeera Rupesinghe (Sri Lanka National Archives) for her article "Do you know the ninth commandment? Tensions of the oath in Dutch colonial Sri Lanka", Comparative Legal History VII (2019), 37-66 (article link)

2022 (Lisbon conference)

Paolo Astorri (Copenhagen) for his article “ Can a judge rely on his private knowledge? Early modern Lutherans and Catholics compared”, Comparative Legal History IX (2021), 56-88 (article link)

13 December 2024

ADVANCE ARTICLE: Fernanda PIRIE, "Global Comparative Law?" (Oxford Journal of Legal Studies, 2024) [OPEN ACCESS]

(image source: OUP)


Abstract:

The Cambridge Handbook of Comparative Law, edited by Matthias Siems and Po Jen Yap, continues recent calls to expand the field of comparative law. By including authors drawn from all parts of the world, it presents ‘new perspectives’ on the field. This wide geographic remit proves successful as a way of moving beyond traditional ‘families’ and doctrinal topics. The contributors raise new themes for comparison, many related to public law and processes of change. But this, in turn, raises questions about the purposes of expanding the field. The volume largely concerns the laws and legal issues of modern states, and the authors do not venture far into history. Nor do they consider the alternatives offered by religious and traditional legal systems or forms of non-state ordering. I suggest that these subjects could productively expand the field even further, raising more theoretical questions about what law is and does.

Read more here

BOOK: Stéphan GEONGET & Bruno MÉNIEL (dir.), Littérature et droit, du Moyen Âge à la période baroque: le procès exemplaire [Rencontres; 233] (Paris: Classiques Garnier, 2024 [2008]), ISBN 978-2-406-08940-7

 

(image source: Classiques Garnier)

Abstract:

Centré sur la question de l'exemplarité du procès, cet ouvrage invite à réfléchir sur le dialogue qui se noue, du Moyen Âge à la période baroque, entre juristes et écrivains. Il s’interroge aussi sur ce qui permet à la littérature de déplacer et de dépasser les questions posées par le droit positif.

More information here: DOI 10.15122/isbn.978-2-37312-171-1.

CALL: PhD and MA Scholarships in Historical Studies (CEU, Vienna) [DEADLINE 4 FEB 2025]

(image source: Wikimedia Commons)

Central European University (CEU) in Vienna offers an array of graduate programs dedicated to the multidisciplinary study of the past. Our research and teaching are recognized for their innovative approach to graduate education. As an international faculty and student body we strive to think about the past across geographical regions, academic disciplines, and historical periods, from late antiquity to the present. In order to foster a spirit of critical inquiry, students also receive solid training in historical methods and theory. Students can take a one-year or a two-year MA that focuses on individual research projects or pursue a master’s degree that provides public-facing historical education across different professional fields, including public history and museum studies.

CEU is an English-language, student-focused research university located in Vienna and accredited in both Austria and the United States. CEU attracts talented students and scholars from around the world. Our student/faculty ratio (7:1) allows for small research-driven and discussion-based seminars and close guidance from faculty members. 

Scholarships and Application Deadline

Students can apply for CEU merit-based financial aid regardless of nationality. We also offer a fully-funded merit scholarship in our one-year MA in Historical Studies: the Gerd Bucerius History Scholarship, and the Bak Award for students working on medieval Central Europe. Doctoral students receive tuition and a living stipend for four years, with opportunities to apply for additional research funds. The deadline to apply for admission and financial aid for the 2025-26 academic year is February 4, 2025 (23:59 CET). For further information on how to apply, please consult the program pages below.

(source: HNet)

BOOK: Martin LÖHNIG & Stephan WAGNER (Hrsg.), Deutscher Bund und nationale Rechtseinheit [Mitteleuropäisches Zivilrecht; 3] (Tübingen: Mohr Siebeck, 2024), ISBN 9783161640995, € 89

 

(image source: Mohr Siebeck)

Abstract:

In its last years, the German Federation (Deutscher Bund) laid the foundations for national legal unity. There were ambitious plans to establish a »uniform law« by codifying commercial law, the law of obligations, the law of civil procedure, bankruptcy law, copyright law and patent law, safeguarded by the promise of mutual legal assistance.

Table of contents:

Martin Löhnig: Einführung - Jürgen Müller: Deutscher Bund und nationale Rechtsvereinheitlichung - Stephan Wagner: Allgemeines Deutsches Handelsgesetzbuch von 1861 - Nürnberger Entwurf - Stefan Vogenauer/Christoph Schmetterer: Entwurf eines allgemeinen deutschen Gesetzes über Schuldverhältnisse von 1866 - Dresdner Entwurf - Christian Hattenhauer: Privatrechtsvereinheitlichung »von unten« - Die Gesetzgebung des Bürgerlichen Gesetzbuchs für das Königreich Sachsen von 1863/65 - Martin Löhnig: Entwurf einer allgemeinen Civilprozeßordnung für die deutschen Bundesstaaten von 1866 - Hannoverscher Entwurf - Christoph Becker: Bestrebungen zur Vereinheitlichung des Konkursrechts im Deutschen Bund - Rainer Nomine: Entwurf eines Gesetzes zum Schutze der Urheberrechte an literarischen Erzeugnissen und Werken der Kunst von 1864 - Frankfurter Entwurf - Louis Pahlow: Wettbewerb um Innovationen statt Harmonisierung des Rechts - Zum Patentrecht im Deutschen Bund - Ignacio Czeguhn: Entwurf eines Gesetzes über die gegenseitige Rechtshilfe von 1861 - Nikolaus Linder: Die Rolle des Deutschen Juristentags bei der Herstellung nationaler Rechtseinheit auf dem Gebiet des Privatrechts 

On the editors:

Martin Löhnig ist Inhaber des Lehrstuhls für Bürgerliches Recht, Deutsche und Europäische Rechtsgeschichte sowie Kirchenrecht an der Universität Regensburg. https://orcid.org/0000-0002-4616-1905 - Stephan Wagner ist Inhaber des Lehrstuhls für Bürgerliches Recht, Europäische, Deutsche und Sächsische Rechtsgeschichte an der Martin-Luther-Universität Halle-Wittenberg. https://orcid.org/0000-0002-2476-9557

Read more here (DOI 10.1628/978-3-16-164099-5). 

 

12 December 2024

BOOK: Laurence BADEL, Eckart CONZE & Axel DRÖBER (eds.), The Paris Peace Conference of 1919. The Challenge of a New World Order (New York: Berghahn Books, 2024), 338 p. ISBN 978-1-80539-807-3, 107 GBP

 

(image source: Berghahn)

Abstract:
For more than a century, the Paris Peace Conference of 1919 has remained an object of historical scrutiny. As an attempt to consolidate peace in the wake of World War I and to prevent future conflict, it was instrumental in shaping political and social dynamics both nationally and internationally. Yet, in spite of its implications for global conflict, little consideration has been given to the way the Paris Peace Conference constructed a new global order. In this illuminating and geographically wide-ranging reassessment, The Paris Peace Conference of 1919 reconsiders how this watershed event, its diplomatic negotiations and the peace treaties themselves gave rise to new dynamics of global power and politics. In doing so it highlights the way in which the forces of nationality and imperiality interacted with, and were reshaped by, the peace.

On the editors:

Laurence Badel is Professor of Contemporary History and International Relations at Paris 1 Panthéon-Sorbonne University. A specialist of European diplomatic practices, her research focus is two-pronged: the history of women in diplomacy and international relations and the history of diplomatic capitals. Her most recent publications are Écrire l'histoire des relations internationales. Genèses, concepts, perspectives XVIIIe-XXIesiècle (Armand Colin, 2024) and Diplomaties européennes: XIXe-XXIe siècle (Presses de Sciences Po, 2021), which won the Institut de France’s 2022 Prix Edouard Bonnefous. Eckart Conze is Professor of Modern and Contemporary History and Co-Director of the International Research and Documentation Centre for War Crimes Trials (ICWC) at the University of Marburg (Germany). He has held visiting professorships at the Universities of Toronto, Cambridge, Bologna, Utrecht and Jerusalem. Among his book publications is Die große Illusion. Versailles 1919 und die Neuordnung der Welt (Siedler, 2018). Axel Dröber is lecturer at Sorbonne Université. He studies nineteenth and twentieth-century Western European history, with a focus on the history of public security and the state monopoly on violence in post-revolutionary Europe. He published a book-length study on the National Guard during the Restoration and the July Monarchy in France (Nation, Militär und Gesellschaft, HeiUP,2022) and is currently working on the topic of migration and citizenship after the First World War.

Read more here



DATABASE: Droz Histoire du Droit [OPEN ACCESS]

 

(image source: Droz)

The renowned Swiss publisher Droz has created an open access database of scholarship on legal history, containing over 70 volumes.

Read more here.

11 December 2024

JOURNAL: Journal on European History of Law 2024/2 [OPEN ACCESS]

 Journal on European History of Law 2/2024


 

ARTICLES

Tony Murphy: Social Ordering and Welfare Conditionality, or Benevolence and Opportunity? Experiences of Poor Relief in England in the Nineteenth Century

Konrad Graczyk: Die dritte Verordnung über Aufenthaltsbeschränkungen im Generalgouvernement vom 15. Oktober 1941. Entscheidungen der Staatsanwaltschaft und der Sondergerichte zum unbefugten Verlassen eines jüdischen Wohnbezirks

Charalampos Stamelos: The Greek Orthodox Patriarchate and the Religious Minorities in Jerusalem in Different Historic Periods since AD 33

Nere Jone Intxaustegi Jauregi: Public Notaries in Early Modern Basque Country

Andrés Botero-Bernal: Historical Notes on the Constitution and Judges in Colombia in the 19th Century

Robert von Lucius: Staatskirchen und Volkskirchen. Umbrüche im Verhältnis von Staat und Kirche in Nordeuropa

Martin Löhnig: Die Masseverwaltung nach der bayerischen Prozeßordnung in bürgerlichen Rechtsstreitigkeiten vom 29. April 1869 mit Blick auf die preußische Konkursordnung von 1855 und die Reichskonkursordnung von 1877

Tomasz Dolata: A Few Comments on Problems Related to the Codification of Civil Law in Post-War Poland (1945 – 1964)

Mateusz Ułanowicz: The Guardianship of the Minor Karol Brzostowski and his Emancipation

Tereza Kolumber: Immediate Legal Changes in Czechoslovak Education after WWII

Tibor Ruff: Biblical Foundations of Jewish Jurisprudence in the Time of Jesus

Kinga Beliznai: Houndsmen and Falconers. Hunters in the Hungarian Royal Court

Csaba Cservák: The Constitutional History of the Democratic Transition

Mariann Minkó-Miskovics: Armed Crimes in the 19th-Century Criminal Codifications of Hungary

Norbert Varga: Administrative Reforms in the Hungarian Municipalities after the Austro-Hungarian Compromise: The Introduction of the Office of Lord Lieutenant and the Applicable Rules in Hungary

Eszter Cs. Herger: Breakpoints in the Development of Modern Hungarian Matrimonial Property Law in European Context

Orsolya Falus: “Palinka” in Hungarian Legal History – From the First Detailed Law to the Prohibition (1836 – 1919)

Roman Savuliak: Marriage Law according to the Josephine Code of 1787 and the Reception of Roman Law in its Provisions

Thomas Gergen: Gleichheit und Privateigentum als Stichworte im chinesisch-europäischen Dialog anhand des „Transcultural Dictionary of Misunderstandings“

 

 

Annex: XVIII. Jahrestreffen der Jungen Romanisten

Michael Binder: Defective Cover and Underlying Debt Relationship in the Context of delegatio obligandi: A Comparison of D. 44.4.7.1 and § 1402 ABGB (Austrian Civil Code)

Stefan Schmatzberger: Nomen (non) est omen? Zur arbiträren Natur der sog. actio arbitraria

Norbert Pozsonyi: Prozessuale Situationen in der ”Schwätzersatire” von Horaz

 

BOOK REVIEWS

Mathias Schmoeckel: Kanonisches Recht: Geschichte und Inhalt des Corpus iuris canonici. Ein Studienbuch

Robert von Lucius: Hellmuth Freiherr Lucius von Stoedten. Diplomat zwischen Kaiserreich und Weimar

Frank Jacob: The Jesuits and Religious Intercultural Management in Early Modern Times Human Capital, a Global Mindset, and Missionary Work in Japan and Peru during the Sixteenth and Seventeenth Centuries

Mark A. Sammut Sassi: Essays in Maltese Legal History, Vol. 2

 

REPORTS FROM HISTORY OF LAW

Petra Zapletalová: Report from the Conference “2nd International Legal History Meeting of PhD Students”

Boris Šabík: Ius commune MootCourt

More information here.

BOOK PRESENTATION: presentazione del volume di Valerio Gigliotti 'Civitas iuris. Diritto comune e contemporaneità' (Torino, 16 DEC 2024)

ADVANCE ARTICLE: Ciara KENNEFICK, "Roman Law on the Just Price in Nicolaus Bernoulli’s Mathematics" (Oxford Journal of Legal Studies 2024) [OPEN ACCESS]

 

(image source: OUP)

Abstract:

It must be rare that discoveries which transform mathematics also undermine legal rules. Yet this is precisely what happened when probability was first developed in the second half of the 17th century and the first decades of the following one. The focus of this article is a doctoral thesis in law written in 1709 by Nicolaus Bernoulli, an important mathematician of the age. He highlighted the dramatic implications of the new mathematics of probability for a rule which was fundamental to contemporary contract law in continental Europe. This article reconstructs a remarkable story about the place of mathematics in the history of contractual justice and the place of contractual justice in the history of mathematics.

Read more here

BOOK: Kenneth W. MACK & Jacob KATZ COGAN (eds.), In Between and Across: Legal HIstory Without Boundaries (Oxford: OUP, 2024), ISBN 9780197680995

 

(image source: OUP)

Abstract:

The boundaries between the history of law and the history of everything else are quite blurry nowadays. Whether one is asking questions about the origins of the carceral state, the relationship between slavery and capitalism, the history of migration flows and empires, the longer story of human rights, the building of the straight state, the role of religion in public life, or many other topics, there is a shared belief that law and its history matters. In fact, legal historians have begun to focus on the blurring of boundaries such as those between markets and politics, between identity and state power, as well as between national borders and the flows of people, capital, and ideas around the world. Legal history, broadly conceived, seems to mark much of the most exciting work that is redrawing the boundaries of historical scholarship in many areas of study. In Between and Across: Legal History without Boundaries gathers some of the newest and freshest work by both younger and established scholars who are carrying forward that project and extending it into new areas of historical inquiry. It captures the best of the new and innovative tools and questions that have made law a central plane of inquiry, charts novel directions for the field, and poses broader questions concerning the past, present, and future. Crossing a wide variety of geographic areas (from British-ruled Australia, to colonial India, to the United States), the authors sketch new boundaries for the field to cross—boundaries of time, geography, and method—and claim that legal history provides the language to talk across national borders.

DOI 10.1093/oso/9780197680995.001.0001

10 December 2024

BOOK: Wim BLOCKMANS, The Voice of the People? Political Participation before the Revolutions (London: Routledge, 2024), 458 p. ISBN 9781003202066

 

(image source: Routledge)


Abstract:

Over the last two centuries, Europe has developed various forms of political representation from which democratic parliamentary systems gradually emerged. This book unravels the conditions, scale and impact under which political participation of common burghers and peasants emerged. Political participation in Europe before the Revolutions moved away from the traditional focus on ‘Three Estates’ which has often blurred the interpretation of popular participation’s role in societies. This book instead examines Europe’s key political variants such as high levels of commercialization and urbanization, combined with a balance of powers between competing categories of actors in society controlling relatively independent resources which lead to political participation forming across the continent. Instead of starting from any ideal type of political participation, this book focuses on the variation through time and space, its composition and activity, helps to explain the functions particular institutional settings fulfilled. The time frame 1100–1800 sheds light on the long-term evolutions such as institutional inertia and processes of oligarchizing. To reveal a correlation of economic and demographical growth with the claim of rising social classes to voice their interests. It also points to the opposite tendency: the formation of fiscalmilitary monarchical states. This book is essential reading for those interested in the formation of Europe’s political structures and students of premodern political history.

More information here: DOI 10.4324/9781003202066.

BOOK: Osmo PEKONEN & Johan C.-E. STÉN, Les Lumières en Finlande. Travaux et jours de dix-sept savants finlandais [L'Europe des Lumières; 91] (Paris: Classiques Garnier, 2024), 236 p. ISBN 9782406171256, € 78

 

(image source: Classiques Garnier)

Abstract:
En Finlande, les Lumières ont été accueillies comme une mode culturelle et l’université du pays s’est adaptée à sa manière à l’esprit utilitaire et mercantile de l’époque. Cet ouvrage retrace les destinées de dix-sept personnalités importantes de la vie intellectuelle de Finlande au xviiie siècle.

 Read more here: DOI 10.48611/isbn.978-2-406-17127-0.

PhD SCHOLARSHIP: Megaconferences and Climate Governance: a Sociolegal History of the 1992 Earth Summit (Paris: CNRS, DEADLINE 15 JAN 2025)

(image source: Wikimedia Commons)

The Centre de Théorie et d'Analyse du Droit (Paris-Nanterre/CNRS) has a vacancy for a fulltime PhD student on the history of environmental law.

Succinct data:

Les candidatures doivent être envoyées à anne-charlotte.martineau@cnrs.fr avant le 15 janvier 2025. Le dossier doit inclure un curriculum vitae (avec deux contacts de référents), une copie des diplômes et une lettre de motivation. Thèmes de recherche : droit international ; histoire ; Brésil ; climat ; institution internationale Recherche intitulée : « Mégaconférences et gouvernance climatique : une histoire socio-juridique du Sommet de la Terre de 1992 » Direction : Anne-Charlotte Martineau, chargée de recherche HDR au CNRS Laboratoire de recherche : rattachement au CTAD UMR 7074 (Centre de théorie et analyse du droit) en France ; un statut de chercheur participant à l’IRL Mondes en transition est possible à l’université de São Paulo. Durée : 3 ans Début : 1er février 2025

More information here.

09 December 2024

ADVANCE ARTICLE: Karin VAN LEEUWEN, "The Hague Academy as a Space of Encounter: How Scelle’s 1933 Teachings on National Courts Landed in the Netherlands " (European Journal of International Law 2024) [OPEN ACCESS]

 

(iamge source: EJIL)

First paragraph:

Nowadays, the legacy of the Hague Academy is mostly defined through the Recueil des Cours, whose more than 400 volumes provide a key source for both intellectual historians of international law and those engaging with its present-day theory. Yet, at the very outset of the Academy in 1923, the Recueil emerged as merely an offspring of its teaching activities. In the first years of its existence, the Academy first and foremost focused on the over 300 attendees gathered at the Peace Palace’s premises every year. It was by bringing together upcoming and established international law professionals in lecture halls and during dinners, teas and excursions that it wanted to internationalize the still very nationally orientated field of international law.

Read the full article here: DOI 10.1093/ejil/chae049.

06 December 2024

BOOK: Jaakko SIVONEN, Monarchy, Nation and the Common Good: Patriotism in Prussia, 1756–1806 [History of European Political and Constitutional Thought, eds. Erica BENNER, László KONTLER & Mark SOMOS;13] (Leiden/Boston: Brill, 2024), ISBN 9789004710818, € 151,25

 

(image source: Brill)

Abstract:

This book provides a history of Prussian state patriotism from the Seven Years’ War (1756–1763) until the Battle of Jena (1806). It argues that Prussian patriotism was not merely a prelude to German nationalism or a personality cult of Frederick the Great; rather, it was an inclusive and non-ethnic movement promoting ideals of citizenship, merit, and empowerment. Appealing to patriotism became a central method of promoting reform in a state governed by an absolute monarchy. Covering a turning point in early modern European intellectual history, this book provides a historical perspective for modern discussions on the relationship between patriotism and nationalism.

On the author:

Jaakko Sivonen, Ph.D. (2020), University of Helsinki, is a historian whose research focuses on patriotism and national identity in early modern Europe

Table of contents:

Introduction

Part 1
Seven Years’ War (1756–1763)
  Introduction to Part 1: General Themes, 1756–1763

1  Justifying the War

2Heroism

3Protestant Patriotism

4Frederick’s Kingship

5Subjects and Citizens


Part 2
Between the Storms (1763–1786)
  Introduction to Part 2: General Themes, 1763–1786

6Looking Back at the War

7War of the Bavarian Succession and the League of Princes

8Preaching Patriotism to the People

9Monarchy and the State

10Citizen and Merit

11Cosmopolitanism and Luxury

12Patriotic Education

13Patriotic Toleration


Part 3
From Frederick’s Death to Jena (1786–1806)
  Introduction to Part 3: General Themes, 1786–1806

14Frederick’s Death and His Successors

15Defining the Prussian Spirit

16New Debates on Cosmopolitanism

17Comparisons of Prussianness

18Prussia’s Uniqueness

19Early Reactions to the French Revolution

20Enlightenment and Revolution

  Conclusion


Bibliography

Index

Read more here: DOI  10.1163/9789004710818.

05 December 2024

BOOK: Johan OLSTHOORN, Hobbes on Justice [The History and Theory of International Law, eds. Nehal BHUTA, Francesca IURLARO, Anthony PAGDEN & Benjamin STRAUMANN] (Oxford: OUP, 2024), ISBN 9780198867982, 100 GBP

 

(image source: OUP)

On the book:

Thomas Hobbes (1588-1679) is widely regarded as one of the most important political thinkers in the Western tradition. Justice is one of the main political concepts today. This is the first book-length analysis of Hobbes's ideas on justice. Hobbes made many startling claims about justice. Norms of justice have no place outside the commonwealth, the civil law determines what is just and unjust, and nothing sovereigns do is unjust to their citizens. But what exactly did Hobbes mean by justice? And how did he convince his audience that he was speaking about justice when advancing such controversial views, and not about something else? In Hobbes on Justice, Olsthoorn traces the place of justice in Hobbes's moral, legal, political, and international thought as developed over time. The book reconstructs his idiosyncratic glosses on notions like justice, rights, injury, obligation, and law; proposes new solutions to some long-standing interpretive puzzles; and provides in-depth discussions of property, slavery, treason, just war and other neglected aspects of Hobbes's thought. Olsthoorn shows that Hobbes's theory of justice doubled as a civil theodicy: it aimed to morally empower sovereign rulers by vindicating them from all stains of injustice, no matter how horrid their rule. Combining analytic philosophy, intellectual history, and political theory, this major new study of Thomas Hobbes will be of wide and cross-disciplinary interest to scholars of philosophy, law, politics, and history.


On the author:

Johan Olsthoorn is associate professor in political theory at the University of Amsterdam. He has published extensively on Hobbes and early modern moral, legal, and political theory in journals including Philosophers' Imprint; Journal of the History of Philosophy; History of Political Thought; and European Journal of Political Theory. Co-editor of Hobbes's On the Citizen: A Critical Guide (Cambridge, 2019), this is his first monograph.

Reviews:

"Johan Olsthoorn is one of the most astute commentators on Hobbes's moral and political philosophy writing today. His book is scholarly, rigorously argued, and full of insight. No serious student of Hobbes's philosophy can afford to forgo grappling with Olsthoorn's reading. " - Professor Arash Abizadeh, McGill University "Hobbess theory of justice has been neglected because it has seemed so obviously to fail as an account of what justice is ordinarily taken to be. The great strength of Johan Olsthoorns analysis is that he does not seek to avoid or tone down the implications of the Hobbesian claim that the nature of justice is defined by the will of the sovereign. Instead he follows Hobbess arguments to their conclusions, and in the process brings out both the complexity and the power of Hobbess civil theodicy. This beautifully clear and always rigorous book is a landmark in Hobbes scholarship." - Professor James Harris, University of St Andrews.

Read more here

BOOK: Heinz MOHNHAUPT, Privilegien als Sonderrechte in europäischen Rechtsordnungen vom Mittelalter bis heute Studien zur europäischen Rechtsgeschichte; 343] (Frankfurt am Main: Klostermann, 2024), XXI + 970 p. ISBN 978-3-465-04624-0

 

(image source: MPILHLT)

Abstract:
Nowadays, the term ‘privileges’, part and parcel of political and societal discourse in countries worldwide, carries a negative connotation as it contradicts the concept of justice and equality in state and society. The original, legal meaning of this ubiquitous term, which dates back to Roman canon law, has largely become lost. The author traces the history and European dimensions of the ‘privilegia’ and their relevance for the evolution of law, state and society in a longue durée perspective. He complements his account with a comprehensive overview of sources by territory, an abridged version of which had initially been intended for inclusion in Helmut Coing’s Handbuch (vol. II/3), and a bibliography organised according to subject matter, ranging from the Middle Ages to the present day. A picture emerges how, by differentiating between the rights of individuals, groups and territorially defined areas of applicability, privileges also represented an individualised sense of justice, which prevailed until the Enlightenment and its – often futile – attempts to replace privilege thinking with laws applicable to all, in the sense of modern ‘égalité

Read more here


04 December 2024

CONFERENCE RECORDINGS: 40 years of Centre d'Histoire Judiciaire (Lille: Lille University/CNRS, 15 NOV 2024)

 

(image source: CHJ)

The Centre d'Histoire Judiciaire (Université de Lille/CNRS) celebrated its fortieth anniversary on 15 November 2024. Recordings from the roundtable and speeches held on that day are available on the research centre's website.

CALL FOR PAPERS: W G Hart Workshop 2025: Regulating the Global Movement of Care (London: Institute for Advanced Legal Studies, 11-12 JUN 2025); DEADLINE 6 JAN 2025

Call for Papers

 

W G Hart Workshop 2025

 

Regulating the Global Movement of Care

 

Institute for Advanced Legal Studies, London

11-12 June 2025

 

We invite abstracts (of 250-300 words) for the 2025 W G Hart Workshop focusing on the role of law in regulating the global movement of care. Given the historical and contemporary significance of the issue of the movement of carers, we welcome abstracts that explore the legal regulation of care (including comparative and international aspects) through the lens of a variety of disciplines: law, history, anthropology, politics, sociology, criminology, and creative arts.

 

The Workshop is organised around four themes – precarity, advocacy, protection, and kinship networks (see below) – reflecting the varied facets through which law’s role in regulating the movement of care can be examined. Care is broadly defined and includes healthcare, social care, domestic care, as well as unpaid care. Legal requirements often create precarity by imposing stringent professional regulatory standards on migrant care workers or permitting the claw back of visa fees. Law may also be a tool in the hands of carers and individuals and organisations who support them to battle against exploitation. Legal regulation may, in some instance, offer protection to migrant care workers. Law, in particular immigration requirements, can also define relationships between migrant carers and their broader kinship networks both in their host countries and in the countries that they come from.

 

Abstracts should be emailed to adrienne.yong@city.ac.uk and p.saksena@leeds.ac.uk by 5pm on Monday, 6 January 2025. Please also include a brief biography of the speaker in the submission. Further details on the workshop themes are included below.

 

Academic Directors:

 

Dr Adrienne Yong (City St George’s, University of London)

Dr Priyasha Saksena (University of Leeds)

Dr Amanda Spalding (University of Leeds)

Dr Amrita Limbu (University of Leeds)

Professor Marie-Andrée Jacob (University of Leeds)

 

Keynotes:

 

Professor Eram Alam (Harvard University)

Professor Majella Kilkey (University of Sheffield)

 

Plenaries:

 

A lived experiences panel featuring care workers and supporting organisations and individuals

A creative arts panel featuring Dr Ella Parry-Davies (King’s College London) and collaborators in research on performance as method with migrant domestic workers

 

Travel and Accommodation Bursaries:

 

The W G Hart Workshop supports and encourages the participation of ECRs (within 5 years of PhD) and PhD students. If you require support for travel and accommodation to attend the workshop, please provide an indication of this when you submit your abstract with confirmation (e.g., by a statement on letterhead from your Head of School) that you either do not have access to other sources of funding or any funding you have is likely to be insufficient.

 

Workshop Themes:

 

Theme 1: Precarity

Precarity is present throughout many aspects of the global movement of carers. Institutionally, migration itself is a process filled with uncertainty – migrants, employers, and lawyers have all reflected on the various uncertainties of applying to migrate or sponsor migration. For individuals, the very nature and structure of this form of migration – which generally operates through sponsorship arrangements where their residence is tied to their employer – leaves them very vulnerable to precarious working conditions. This insecurity may be created or exacerbated by both legal and illegal practices such as “debt bondage”, repayment fees or misleading promises. Beyond the working and living conditions, care professionals (including healthcare professionals) are regularly confronted with the precarity of their professional identity. Moreover, the very use of migration to plug gaps in local care work shortages creates a different kind of precarity – the uncertainty of the system in the long run: whether it is a sustainable approach, whether the immigration policies will remain in the long-run, and especially what recruitment means for care work performed in sending countries. All the above issues may also intersect with various other characteristics such as race, class, and gender to further entrench insecurity and create new forms of it. Under this theme, we seek to examine the various forms of precarity created or exacerbated by the global movement of care to identify areas for improvement or regulation as well as to better understand the lived experience of those who participate in this system.

 

Theme 2: Advocacy

The global movement of care has become a field stimulating relationships between the state, various charities, and other bodies at the local, national, and international level. Networks of stakeholders organise themselves around the goals of resolving the crisis of care and workforce shortages via the NHS, associated charities, and private agencies. The World Health Organisation calls upon states to follow its code of practice on ethical international recruitment to avoid depleting sending countries of their healthcare workforce, and recommends the examination of fairness, efficiency, and transparency of governance safeguards, including those related to the oversight of the management of health and social care workforce. Despite this flurry of organisational activities and ample media attention, the experiences of carers themselves and those advocate on their behalf remain too often ignored. Under the theme of advocacy, we pay attention to various ways with which social movements, activism and lobbying are central to the ecology of global movement of carers. From the #lifttheban campaign to give people seeking asylum the right to work, to journalists documenting modern slavery within international recruitment, to professional associations supporting healthcare professionals from specific community or country of origin to court litigation, and to more localised informal mechanisms, we wish to examine the various forms and normative directions “advocacy” can take in this field.

 

Theme 3: Protection

Legal protection underlies the regulation of the movement of carers globally through international and domestic law and policies. There are various intersecting legal provisions that apply to a carer moving across borders, including external migration policies and domestic immigration laws, as well as the protection that these carers are offered before, during and after their moves in their new host territories. The perception of migrants and their journeys across borders have become so polarised that policies attributed to curbing protections are now frequently employed by politicians to gain political favour. This can arguably undermine any real urgent protection that migrants might find themselves in need of. As a large proportion of moving migrant carers in the health and social care sectors often do so with the intention of filling a need in the host territory’s economy, these sectors come under increasing scrutiny in terms of regulation. However, as regulation does not always translate to protection, under this theme, we seek to examine the regimes of protection that are available to migrant carers moving across borders, legal or otherwise, to critically assess the level, extent, and effectiveness of any protection offered, and to evaluate any differentiation that may arise within the legal framework itself. It is importantly not limited simply to legal frameworks of protection, as there is also an understanding that underlying cultural and societal factors also impact on the extent of protection offered and received by carers.

 

Theme 4: Kinship Networks

In the global movement of care, immigration regimes have primarily focused on the flow of “labour”, largely overlooking the significance of familial considerations. Despite repeated policy adjustments aimed at addressing the shortage of care with foreign workers, care and wellbeing of migrants or their families – whether back home or accompanied – has seldom received attention of policymakers. In fact, family migration, often the privilege of migrants to the West, is now garnering attention from policymakers as a privilege requiring reconsideration or reduction. Raising the minimum income requirements for bringing dependants or imposing restrictions on bringing dependants are commonly adopted measures by migration regimes to control and manage migration. Under this theme, we pay attention to various issues and aspects of family and kinship within the global movement of carers, exploring the implications of regulation on migrants and their families.


More information here.