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04 December 2018

CONFERENCE: Politics and the Histories of International Law (Heidelberg, 15-16 February) – Programme



The Max Planck Institute for Comparative Public Law and International Law has published the programme for the conference Politics and the Histories of International Law. More information can be found here 

15 – 16 February 2019, MPIL, Heidelberg, Germany
Time
Friday, 15 February 2019
08.00-09.00
Registration and Coffee
09.00-10.00
Welcome Address by Anne Peters, Randall Lesaffer and Emmanuelle Tourme Jouannet
Keynote Opening by Sundhya Pahuja
10.00-10.30
Break
10.30-12.30







Session
I
Panel Ia:
Slavery, Slave Trade and the Law of the Sea
(Chair: Raphael Schäfer)
Panel Ib:
International Law before and beyond the West
(Chair: Luigi Nuzzo)
Panel Ic:
Vulnerability and
International Law
(Chair: Robert Stendel)


Anne-Charlotte Martineau,
The Politics of Writing on Slavery and International Law


Emiliano Buis,
The Politics of Anti-Politics: Mainstream Histories of International Law and the Paradox of Antiquity


León Castellanos-Jankiewicz,
Nationalism and Early International Right
Parvathi Menon,
Protecting Empire in Slave Colonies

Salina Belmessous, 
Indigenous Peoples and International Law

Karin Loevy,
Histories of International Law as Windows to Law’s Politics: Dicey, Humanitarianism and the Jews
Stefano Cattelan,
Law and Politics, the Genesis of the Law of the Sea
Radhika Jagtap,
Developing an Anticolonial Historiography of International Law from a Social Movements’ Perspective

Momchil Milanov,
One Hundred Years of Soli(dari)tude: The Making of the Refugee Status and the Politics of Humanitarianism 



Sebastian Spitra,
New Narratives for a Critical History of World Cultural Heritage

Ignacio de la Rasilla del Moral,
Women’s Historical Invisibility in International Law
12.30-13.30
Lunch
13.30-15.30







Session
II
Panel IIa:
The Politicization of Western Legal History
(Chair: Miloš Vec)
Panel IIb:
The Politics of Legal History in the Books
(Chair: Annabel Brett)
Panel IIc:
The Laws of War in Context

 (Chair: Rüdiger Wolfrum)
Jan Lemnitzer,
Bringing Politics Back in: What the ‘Turn to Practice’ Means for the Writing of Histories of International Law

Paolo Amorosa,
The Politics of the International Legal Canon: Revisiting the Legacy of the Carnegie Classics Series

Hirofumi Oguri,
Taming Politics in the Historiographies of International Law: Between Naïve Positivism and Agnosticism

Thibaut Fleury Graff,
Henry Wheaton and the Powers of History: Justifying the Power of the US Federal Government in the 19thCentury by Rewriting the History and Contents of International Law

Julia Bühner,
Let There be Light – Histories Hidden in the Shadow of Francisco de Vitoria

Rotem Giladi,
Rites of Affirmation: Progress and Immanence in International Humanitarian Law Historiography 

Maria Adele Carrai,
W. A. P. Martin as a Legal Historian and the Politics of History in Late Qing-China 

Deborah Whitehall,
The Politics of Writing the History of International Law as a Treatise

Claire Vergerio,
Inventing the History of the Laws of War: The Revival of Alberico Gentili in the late 19th Century

Angelo Dube / Lindelwa Mhlongo, The Forgotten Continent? Interrogating Africa’s Contribution to the History and Development of International Law


Amanda Alexander, The Politics of the Depoliticized Civilian
15.30-16.00
Break
16.00-18.00







Session III
Panel IIIa:
The Politics of the Use of Force and the Function of Peace
 (Chair: Anthony Carty)
Panel IIIb:
Legitimacy, Security and Sovereignty in International Legal History 
(Chair: Inge Van Hulle)

Panel IIIc:
The Role of International Legal History before International Courts and Tribunals


(Chair: Thomas Duve)
John Hursh,
What is a Threat to the Peace? Historical Assessment and Shifting Legal Meaning

Michael Mulligan,
Politics and the Histories of International Law: International Law and the Spectre of Legitimacy

Gustavo Prieto,
Mixed Claim Commissions in Latin America During the 19th and 20th Centuries

Thilo Marauhn / Marie-Christin Stenzel,
Narratives of Peace as Justifications for the Use of Force: Henry A. Kissinger and the Long Peace of the 19th Century

Ríán Tuathal Derrig,
The Psychoanalytic New Haven School: A Case Study of Interwar Legal Science

Jakob Zollmann,
Searching for History in Law. The Polish-German Mixed Arbitral Tribunal after 1919

Hendrik Simon,
In the Shadow of War and Order. Historical Reflections on the Interrelationship between Political and Scholarly Practices of Justifying War

Etienne Henry,
Soviet Praxis of Collective Security in the League of Nations Era

Valeria Vázquez Guevara,
A Critical Re-Description of the History of Truth Commissions

Katie Szilagyi / Jon Khan,
There Might Come Soft Rains: Technological Determinism, International Law, and the Age of Intelligent Machines

Mikhail Antonov, The Rise of the Sovereignty Argument in Russian Approaches to International Law 

Michel Erpelding,
International Law and the European Court of Justice: The Politics of Avoiding History

20.00-23.00
BRILL Conference Dinner with Keynote by
Jacob Katz Cogan
Time
Saturday, 16 February 2019
08.30-09.00
Coffee
09.00-11.00
Plenary Session
(Chair: Randall Lesaffer)

Nehal Bhuta, Histories of/in International Law 
Jean d’Aspremont, Critical Attitudes in Historiographical International Legal Studies
Aoife O’Donoghue / Henry Jones, Histories of International Law and Self-Reflection within the Discipline
Madeleine Herren, Aliens, Race and Law: A History of the Odd Ones Out
11.00-11.30
Break
11.30-12.30
Concluding Observations by Matthew Craven and the Editors

BOOK : Thomas W. SMITH and Helen KILLICK, Petitions and Strategies of Persuasion in the Middle Ages. The English Crown and the Church, c.1200-c.1550. (Suffolk: York Medieval Press, 2018). ISBN 9781903153833, £60.00


(Source: Boydell & Brewer)

Boydell & Brewer is publishing a new book on aspects of Medieval royal and canon law in England.

ABOUT THE BOOK

Late medieval petitions, providing unique insights into medieval social and legal history, have attracted increasing scholarly attention in recent years. This wide-ranging collection brings two approaches into dialogue with each other: the study of royal justice and secular petitions presented to the English crown, and the study of papal justice, canon law and ecclesiastical petitions (emphasising the international dimension of petitioning as a legal device exercising authority across Latin Christendom). In so doing, it crosses the traditional demarcation lines between secular and ecclesiastical systems of justice, of particular importance, given the participation by many litigants and legislators in both of those legal spheres.

A major focus is the mechanics of petitioning - who were the intermediaries in this process, and what were the "strategies of persuasion" they employed? The essays also re-examine the relationship between petitioners and their advisors, and the specific legal, rhetorical and linguistic choices they made in the composition of these texts. In so doing, the volume makes an important new contribution to the emerging field of late medieval supplicatory cultures. 

ABOUT THE EDITORS

THOMAS W. SMITH is a Leverhulme Early Career Fellow at the University of Leeds; HELEN KILLICK is a post-doctoral researcher at the ICMA Centre, University of Reading. 

TABLE OF CONTENTS

Foreword - W Mark Ormrod
Introduction: Medieval Petitions and Strategies of Persuasion - Thomas W. Smith and Helen Killick
Blood, Brains and Bay-Windows: The Use of English in Fifteenth-Century Parliamentary Petitions - Gwilym Dodd
Petitioners for Royal Pardon in Fourteenth-Century England - Helen Lacey
The Scribes of Petitions in Late Medieval England - Helen Killick
Patterns of Supplication and Litigation Strategies: Petitioning the Crown in the Fourteenth Century - Anthony Musson
Petitions of Conflict: The Bishop of Durham and Forfeitures of War, 1317-1333 - Matthew Phillips
A Tale of Two Abbots: Petitions for the Recovery of Churches in England by the Abbots of Jedburgh and Arbroath in 1328 - Shelagh Sneddon
'By Force and Arms': Lay Invasion, the Writ de vi laica amovenda and Tensions of State and Church in the Thirteenth and Fourteenth Centuries - Philippa M. Hoskin
The Papacy, Petitioners and Benefices in Thirteenth-Century England - Thomas W. Smith
Playing the System: Marriage Litigation in the Fourteenth Century - Frederik J G Pedersen
Killer Clergy: How did Clerics Justify Homicide in Petitions to the Apostolic Penitentiary in the Late Middle Ages? - Kirsi Salonen

More information here

03 December 2018

BOOK : Kaius TUORI and Heta BJÖRKLUND, eds., Roman Law and the Idea of Europe [Europe’s Legacy in the Modern World] (London: Bloomsbury, 2018). ISBN 9781350058736, £76.50


(Source: Bloomsbury)

At the end of this month, Bloomsbury is publishing a book on the idea of Roman law as an idealized shared heritage in European legal culture.

ABOUT THE BOOK

Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles.

With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.

ABOUT THE EDITORS

Kaius Tuori is University Lecturer in European Studies at the University of Helsinki, Finland. He is the author of The Emperor of Law: The Emergence of Roman Imperial Adjudication (2016) and Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology (2014). He is also the co-editor, with Paul J du Plessis and Clifford Ando, The Oxford Handbook of Roman Law and Society (2016).

Heta Björklund has a PhD in Classics from the University of Helsinki, Finland. She has previously worked as an editor at the Classical journal Arctos. She currently works at the University of Helsinki.

TABLE OF CONTENTS

List of Figures
List of Contributors
Acknowledgements
Introduction: Roman Law and the Idea of Europe
Kaius Tuori
1.The Impact of Exile on Law and Legal Science 1934–1964
Magdalena Kmak
2.Exiled Romanists between Traditions: Pringsheim, Schulz and Daube
Kaius Tuori
3.Francis de Zulueta (1878?1958): An Oxford Roman Lawyer between Totalitarianisms
Lorena Atzeri
4.Autonomy and Authority: The image of the Roman Jurists in Schulz and Wieacker
Jacob Giltaij
5.Roman Law after 1917: A Stateless Lawyer in Search of Byzantium
Dina Gusejnova
6.The Denaturalization of Nordic Law: Germanic Law and the Reception of 'Roman Law' Johann Chapoutot
7.The Idea of Rome: Political Fascism and Fascist (Roman) Law
Cosimo Cascione
8.'Byzantium!' – Bona Fides between Rome and 20th-Century Germany
Hans-Peter Haferkamp
9.The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937?1951
Tommaso Beggio
10.The Weakening of Judgment: Johan Huizinga (1872?1945) and the Crisis of the Western Legal Tradition
Diego Quaglioni
11.Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker's Ideas on Roman Law
Ville Erkkilä
12.Conceptions of Roman Law in Scots Law: 1900–1960
Paul Du Plessis
13.The Search for Authenticity and Singularity in European National History Writing, 1800 to the Present
Stefan Berger
14.A Genealogy of Crisis: Europe's Legal Legacy and Ordoliberalism
Bo Stråth
Index

More information here

CALL FOR PROPOSALS: Edinburgh Studies in Law (book series)

(image source: Wikimedia Commons)
Edinburgh University Press are delighted to welcome Professor Alexandra Braun of the University of Edinburgh to the role of Series Editor for the established Edinburgh Studies in Law book series. Professor Braun and Edinburgh University Press are sending out a renewed call for submissions for monographs and edited collections that meet the series aims.
About the Edinburgh Studies in Law series
Edinburgh Studies in Law was launched in 2005 by Edinburgh University Press in association with the Edinburgh Law Review Trust. It provides a forum for legal scholarship that is comparative, historical or philosophical, in both private and public law. The aim of the series is to publish monographs and edited collections that are of interest to a wide readership, with work of interest to a Scottish audience being particularly welcome.
The series has published a number of volumes on Scots law and other legal cultures from an international, comparative and historical perspective.
Find out more about the Edinburgh Studies in Law on the series webpage: https://edinburghuniversitypress.com/series/esil
Editorial Board
Emeritus Professor George Gretton, University of Edinburgh
Professor John Lovett, Loyola University
Professor Hector MacQueen, University of Edinburgh
Professor Elspeth Reid, University of Edinburgh
Professor Kenneth Reid, University of Edinburgh
Professor Lionel Smith, McGill University
Professor Anna Veneziano, Universities of Teramo and UNIDROIT
Professor Neil Walker, University of Edinburgh
Professor Reinhard Zimmermann, Max Planck Institute for Comparative and International Private Law, Hamburg
Submitting your proposal
To discuss or submit your proposal, email series editor Alexandra Braun: Alexandra.Braun@ed.ac.uk
Find the Edinburgh University Press book proposal guidelines online here: https://edinburghuniversitypress.com/publish
Complete your collection

To celebrate Professor Braun taking on the role of series editor, Edinburgh University Press are offering 30% discount on all volumes in the Edinburgh Studies in Law series when you buy directly from their website: visit https://edinburghuniversitypress.com/series/esil and use the code ESIL in the shopping basket. Valid to 31 December 2018.1

01 December 2018

BOOK: Andrew VENTIMIGLIA, Copyrighting God : Ownership of the Sacred in American Religion (Cambridge: Cambridge University Press, 2019). ISBN 9781108420518, £ 80.00



Cambridge University Press is publishing a new book on the history of the interaction between religion and copyright law in America next month.

ABOUT THE BOOK

Copyrighting God provides the first detailed account of how American religious organizations used copyright in sacred texts not simply for economic gain but also for social organization and control. Including chapters on the angelic authorship of The Urantia Book, Mary Baker Eddy's use of copyright to construct the Christian Science Church, interdenominational disputes in the Worldwide Church of God, and the Church of Scientology's landmark lawsuits against Internet service providers, this book examines how religious copyright owners mobilized the law in order to organize communities, protect sacred goods, produce new forms of spiritual identity, and even enchant the material world. In doing so, this book demonstrates that these organizations all engaged in complex efforts to harmonize legal arguments and theological rationales in order to care for and protect religious media, thereby coming to a nuanced understanding of secular law as a resource for, and obstacle to, their unique spiritual objectives.

ABOUT THE AUTHOR

Andrew Ventimiglia, University of Queensland TC Beirne School of Law
Andrew Ventimiglia is a Research Fellow in the University of Queensland TC Beirne School of Law. He works in the areas of legal history, religious studies, and media studies, with a research focus on the history and cultural effects of intellectual property law. Ventimiglia was awarded a Ph.D. in Cultural Studies from the University of California, Davis in 2015. He also holds an M.A. in Cinema Studies and a Certificate from the Culture and Media Program at New York University. Ventimiglia's work has appeared or is forthcoming in Cultural Critique and the Journal of the American Academy of Religion.

TABLE OF CONTENTS

Introduction: owning the sacred
Part I. The Angelic Author and the Sacred Work:
1. Spirited possessions
2. The angels' share
Part II. The Doctrines of Religion and Law:
3. Authorship and authority in intellectual property
4. A market in prophecy
5. Digital liability and the Church of Scientology
Conclusion: the afterlife of intellectual property.

More information here