I. Historiografía de las Instituciones de reclusión.
II. Traducciones Penitenciarias
IV. Recensiones bibliográficas
I. Historiografía de las Instituciones de reclusión.
II. Traducciones Penitenciarias
IV. Recensiones bibliográficas
About the book :
Collection : Histoire
Résumé de l'éditeur : Entre l'abolition de l'esclavage et les indépendances, une réglementation du travail s'est progressivement et très diversement implantée dans les colonies. Ce sujet méconnu a fait l'objet d'une recherche collective de plusieurs années ayant mobilisé de nombreux chercheurs et dont ce livre est issu. Il repose sur l'exploitation de milliers de documents d'archives, en très grande partie inédits. Du Maroc à l'Indochine, du Cameroun aux Antilles, ce livre apporte une pierre inédite à l'histoire du colonialisme et à celle du droit social et il lève un coin de voile sur le « mauvais sort » fait aux travailleurs de l'outre-mer qui n'et pas sans lien avec l'aspiration des peuples à l'indépendance.
Editor's summary : Between the abolition of slavery and independence, labor regulations gradually and very differently took hold in the colonies. This little-known subject has been the subject of collective research over several years that has mobilized many researchers and from which this book is based. It is based on the exploitation of thousands of archival documents most of them unpublished. From Morocco to Indochina; from Cameroon to the West Indies, this book brings an unprecedented stone to the history of colonialism and of social law. It lifts a corner of the veil on the "wrongdoings" done on the workers of the other side-sea which is not unrelated to the peoples' aspiration for independance.
Les contributeurs sont : Farid LEKEAL, Bruno DUBOIS, Philippe AUVERGNON, Delphine CONNES, Dominique TAURISSON-MOURET, Stéphanie COUDERC-MORANDEAU, Dominique BLONZ-COLOMBO, Florence RENUCCI, Katia BARRAGAN.
The contributors are : Farid LEKEAL, Bruno DUBOIS, Philippe AUVERGNON, Delphine CONNES, Dominique TAURISSON-MOURET, Stéphanie COUDERC-MORANDEAU, Dominique BLONZ-COLOMBO, Florence RENUCCI, Katia BARRAGAN.
A propos des directeurs de l'ouvrage :
Marc Boninchi, est actuellement maître de conférence en histoire du droit à l'université de Lyon. Marc Boninchi a soutenu en 2005 la thèse suivante : " La répression des infractions à l'ordre moral sous le régime de Vichy, 1940-1944."
Jean-Pierre Le Crom, est actuellement directeur de recherche au CNRS au sein de l'université de Nantes. Jean-pierre Le Crom a soutenu en 1992 la thèse suivante : "L'organisation des relations professionnelles en France (1940-1944) : corporatisme et charte du travail. "
Concerning the directors of the book :
Marc Boninchi, is currently a lecturer in the history of law at the University of Lyon. Marc Boninchi defended in 2005 the following thesis: "The repression of offenses against the moral order under the Vichy regime, 1940-1944."
Jean-Pierre Le Crom, is currently a research director at the CNRS at the University of Nantes. Jean-pierre Le Crom defended the following thesis in 1992: "The organization of industrial relations in France (1940-1944): corporatism and the labor charter."
Philippe AUVERGNON, Delphine CONNES, L’encadrement juridique du travail dans les « vieilles colonies » au XIXe siècle ou comment sortir de l’esclavagisme. p. 125-146
Dominique TAURISSON-MOURET, Le recrutement colonial en Indochine. Hyperréglementation et dérèglement durable. p. 147-174
Marc BONINCHI, Un Code pour l’Inde. Le travail indigène et sa protection durant l’entre-deux-guerres. p. 175-204
Stéphanie COUDERC-MORANDEAU, La législation du travail des pays sous mandat français. Syrie-Liban (1920-1941). p. 205-226
Jean-Pierre LE CROM, Travail libre, travail forcé. Les catégories du travail « indigène » au Cameroun sous le mandat français de la Société des Nations (1922-1945). p. 227-254
Dominique BLONZ-COLOMBO, Le droit syndical au Maroc au temps du Protectorat (1912-1956). p. 255-274
Florence RENUCCI, Les voltigeurs d’outre-mer. L’inspection générale du travail de la Seconde Guerre mondiale aux Indépendances. p. 275-296
Katia BARRAGAN, Le droit du travail des Européens dans les colonies françaises d’exploitation, entre différenciation et assimilation. p. 297-316
Marc BONINCHI, Conclusion – Le sort des travailleurs dans les colonies françaises. Une révolution à refaire ? p. 317-328
(Source: ESCLH Blog)
Journal Comparative Legal History: Dialogues on Otherness in Comparative Legal History
15 June 2021 – 17:00-18:00hs (CEST)
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. Submissions are currently welcome and are being assessed on a rolling basis.
The journal will host a one-hour public session to discuss on how to deal with otherness in comparative legal history. Editors (past and present) will present exploratory points and all attendees will be invited to join in a general discussion.
Otherness is a multidimensional topic. It can relate to, inter alia, methods, disciplines, literature, culture, systems, and time periods. Otherness is needed when crossing time and space, it is needed when seeking for answers within and beyond specific environments. Exposure to otherness can only be beneficial for the disciplinary growth of comparative legal history.
The event is free and open to the public, and it will take place via Zoom.
Registration is required by sending an email to firstname.lastname@example.org
Choices between medial needs and available resources have always been a relevant ethical issue - they are in fact called tragic choices -, and this issue has definetely grown acute during the Codiv-19 pandemic. Among the criteria identified by the bioethical Literature for these so called tragic choices, we find the "utilitarian" one: it consists in calculating how many extra lives can be saved of how many more years of life can be guaranteed by making a choice. This criterion, if applied to these choice of favoring young people to the detriment of the elderly, may fall under a discriminatory attitude called ageism, in analogy with racism and sexism.
One of the most fundamental rights of the 1989 UN Convention on the Rights of Children is the right to be heard (art. 12). When developed into the right to participate, it questions adult's daily practices to interact with children. in this respect, promoting the right to participate in the alternative care field calls for a peculiar act of balancing the rights of children with the rights of other relational stakeholders (parents, relatives, social worker and so forth). Drawing on ethnographical data gathered in research experiences, trainings and experiences in the field, this contribution analyzes children's participation in alternative care as a right, a process, a practice and a form, revisiting children's agency and their involvement as co-authors and co-constructors of their life-contexts
This paper focuses on the lawfulness of the practice of fetus' burial, following the interruption of pregnancy, without the woman's consent and with the indication of her surname. Subsequently, the legislative gap about the definition of "stillborn" is investigated, with the consequent registration of the birth certificate
This article looks for defining and shaping the concept of free development of one's personality as a fundamental human right. In order to meet such goal, the starting point is the concept of fundamental human rights as defined in international instruments as the Universal Declaration or Human right issued by the General Assembly of the United Nations Organization in 1948. Afterward, attention is be paid to the effectiveness of such rights, affirming the historical need and opportunity to achiede standards of basic equality among all human beings without exclusions and the importance of obtaining wide consensus about the metrics of human development such as the Human Development Index created by the United Nations Development Program, that should go far beyond economic parameters
This essay means to highlight anthropological aspects which explain the current distance between the "Declarations of human/fundamental rights" and the "Asian values". Moreover, it regard the extraordinary figure of Raimon Panikkar as a possible interface between these two worlds. It finally indicates in Pope Francis' encyclical letter Fratelli tutti the key to approach the "fundamental rights" more compatibly with the holistic demands of the eastern anthropology and culture
The contemporary financial word places at the center the homo oeconomicus, videns et consumans, with his individual desires raised to inalienable rights. The positive law and the law in general have now fallen into a state of "legal entropy", wich requires to re-think the role of the judge and to leave more and more rooms for ADRs, as instruments of better and more appropriate search for the right solution for the concrete case, the result of autonomy of the parties rather than heteronomous authoritative imposition. Hence the opportunity, argued in the essay, to abandon the logic of adjudication of litigation, to make room for more effective and appropriate methods of dispute resolution, in a social and economic context compared to which long and complex judicial procedures are now obsolete, inadeguate and unimprovable.
These pages deal with the sad case of Richard Meade, an American merchant based in Cadiz. The problems in collecting his claims against the Spanish government (1812) and the aggressive response of the institutions raised serious doubts about the effectiveness of constitutional guarantees of personal security
Violet Gibson is known to have been the assailant of Benito Mussolini. Her history, that is far from to have been completely written, still causes doubts and interest. In this context the meeting between Enrico Ferri and Violet Gibson because of her defense will be examined
We learned of the publication of a new issue of the Rivista internazionale di diritto comune.
INDEX OF THE ISSUE
Law, justice, humanity. Profiles of legal historiography in country and sea life.
The article gives an overview of the medieval development of Italian city communities and their statutory legislation, the theoretical and practical problems regarding the relation between statutory law and ʻImperialʼ Roman Law, between jurisprudence and legal practice in this situation.Beginning in the time of Emperor Frederic Barbarousse, there arose a rivalry between the political and theoretical legitimation of law from above (the Emperor, Justinianʼs codification of Roman Law) and from below (Communities and their Statutes). Corresponding to this rivalry there existed a division between pro-imperial theory (universities, doctores) and practice (iurisperiti, iudices in the service of the communities). An important role played the lawyers in the service of the podestà, serving from year to year in different cities. The analysis of eight statutes shows, that they tried to give a theoretical legitimation of their legislation in a prooemium, different in pro-imperial and in pro-papal cities. Mostly, the statutes avoided to regulate problems solved in Roman Civil Law, but gave rules regarding the competence of the communal offices, the process of law, penal law and special problems of urban life. So the lawyers of the urban collegium iudicum could in many cases apply Roman Civil Law. Since the 14th century an integration of ius commune and ius proprium took place by a new and more sophisticated theoretical approach, and parallel to this an integration of theory and practice, of doctores and iudices. So, in the Italian city communities during the Middle Ages an important development of legal culture took place, earlier than in most other parts of Europe.
The fiscal drag has always propounded juridical, economic, ethical, religious problems as well since today. After the feudal age, the impressive development of the italian commune and of the national kingdoms required new sources of revenue due to a larger bureaucracy and frequent military enterprises, more and more expensive. The first author who thoroughly examined the issue, around 1236, was Raymond of Peñafort. His Summa de Paenitentia exerted a wide influence over the following moral theologians and some canonists until the XVth century. If civilists did not equally echoed Raymond’s views, it does not mean that they disregarded the ethical and religious facets of taxation. Both, moral theologians and lawyers as well, were forced to admit, at least, that existed a radical contrast between the ius commune and the fiscal praxis and legislation of the italian cities. At the end, the whole question – related to direct and indirect taxation – did not find a positive solution or arrangement. The final section of this paper therefore explores some – few, indeed – statutes issued by medieval italian statutes and by the kings of Sicily.
A Portuguese secular priest, doctor decretorum in Bologna, and prolific author of canon law texts, Johannes de Deo wrote a successful Liber poenitentiarius in 1247. This essay reviews the scholarship on this under-studied figure in the history of canon law, provides a summary of his Liber poenitentiarius, and analyzes one section, treating the conditions of a genuine confession, that helps contextualize Johannes’s work. It argues that Johannes was a successful synthesizer of the canons who practiced consistent methods in the discipline of canon law and remained conversant in larger discussions across Latin Christendom in the thirteenth century.
The history of the Liber Augustalis, from manuscripts to printed editions, makes it possible to follow the path of adaptation of the glosses into two apparatuses, the Glossa Ordinaria by Marino da Caramanico and the Lectura Peregrina by Andrea da Isernia, which includes the notes of other jurists. Although moving in the wake of the literary genres of the school, this kind of interpretation is eminently practical. The aim is to create a link between the Liber Augustalis – still in force but often obsolete – and the law promulgated by Angevin sovereigns, fragmentary and unsystematic. For the legal science of the Regnum, the interpreter’s task is to put together these different legal sources, creating a harmonious system and a ‘set of rules’, functional to practice.
An important concept on which medieval jurists reflect concerns the need to build in maleficiis figurae of criminal liability that respond to the principle of voluntariness, the cornerstone of the medieval Christian world. This perspective has seen jurists committed to defining the contents of full and intentional responsibility, and at the same time to tracing the procedural and punishable boundaries of all those actions that have produced an event other than the willed, justified in foro poli and not sanctionable from earthly Justice, if not in the compensation dimension of civil damage. At the beginning of the fourteenth century, in a changed political-institutional perspective, Bartolo da Sassoferrato with his thought constructs the juridical dimension of the penal culpa as a psychological element, distinct from the voluntas, but relevant in maleficiis, helping to sculpt one of the most important principles of criminal law.
The ‘Biblioteca L. Jacobilli’ of Foligno (Umbria) has preserved two legal opinions (consilia autographa) penned, subscribed and sealed by Baldus de Ubaldis († 1400). Baldus’s vast production of consilia – the early printed editions contain just about 2.500 items each – is well known. His opinions constitute an invaluable source for exploring every conceivable facet of late medieval Italian society, as well as for mapping legal history. In contrast to this vast production, the original consilia the jurist has sent to the requesting party – typically, a judge or one of the parties to a trial – that came down to us are just a minority. The first of these two consilia has been printed and now it is possible to compare the text the jurist conveyed to the commissioning party – the authoritative text – with that of the printed editions. On the plane of content, it foregrounds Baldus’s penchant for abstraction for he had to balance the single penalty and the multiplicity of clauses in an arbitration that was contested by one of the contracting parties. The medieval concept of ordo allowed him to navigate safely between the Scylla of the single penalty and the Charybdis of the multiplicity of the clauses contained in the document. The second one, in fact two pieces, throws light on a conflict of iuspatronatus between the nobility of Foligno, on one side, and the abbot of the Benedictine monastery of San Benedetto al Subasio in Assisi, on the other, over the church of S. Angelo di Rosario. The two texts Baldus wrote for this conflict illustrate how consilia can be used for highlighting a fragment of local history on which local historians have labored with little profit. Last but not least, the two specimens stand as witnesses to Baldus early and very elegant handwriting. Further, the last consilium is also relevant because under Baldus’s signature and seal there is a handwritten note of Tommaso Diplovatazio who saw the document when he was governor of Gubbio. The appendix presents a critical edition of the consilia and related documentation.
The essay, starting from an exam of the existing literature on sanctuary between the middle ages and the early modern period, relates its origins, discipline and evolution, until its final abolition in 1624. It highlights that the role played by canon law in the development of the English institute gives a contribution to the idea of the existence of a common European legal tradition since the middle ages.
Shortly before his death in the Franciscan convent at Ilok (October 23, 1456), on the border between Croatia and Serbia, John of Capestrano instructed the friars, gathered around his deathbed to assist him, to bring his goods (including his books) to the Capestrano convent. After his death, his goods were inventoried (December 3, 1456) and among them many legal books were found.
Ius commune and Iura propria: unity of a legal system in the sequence of centuries.
Greek, Roman, medieval and modern antiquity: “centuries of justice” and “centuries of law”.
Law historian and generalist historian for a legal history of Sicily
Social classes. Nobility. Todos caballeros. Bourgeoisie under pressure.
Medieval law in the dialectic between city life and country life. Political powers, legislators, jurists and social transformations
The paper’s aim is to illustrate the close relationship between Ambrogio Lorenzetti’s frescoes in Siena’s Town Hall on one side and the People’s political culture at the beginning of the XIV century on the other; this one was very much influenced by the tomistic culture and by the religious preaching about Justice and Peace, both of which are to be found in Bartolus’ “political” treaties. Liberty’s value is not explored by jurists but for legal status of the individual.
A non-conventional portray of Peter Linehan’s brilliant mind.
1 - 2 June 2021 - Organization by Stefan Vogenauer and Jan-Henrik Meyer
From its beginnings, European integration required legal solutions to very concrete policy issues. This led to the creation of a large body of policy-relevant law – ranging from agriculture and competition to the environment and social policy. The conference thus focuses on the relationship between law and policy in the process of European integration from the 1960s to the 1990s.
The relationship between law and policy goes both ways. On the one hand, we will explore how European law shaped European policy-making. To what extent did legal actors – lawyers within the institutions and courts – enable or obstruct the development of various policies and the legal instruments chosen? What legal norms, ideas and doctrines did they employ in doing so? On the other hand, we will investigate how European policy shaped European law. How is this influence reflected in legislation and judicial decisions?
The objective of the conference is to enhance our understanding of what ‘integration through law’ means with a view to European policies. By bringing together case studies from a range of policy areas, we will be able to (1) flag up the varying roles of different actors involved, (2) compare the relations between policy and law across policy areas old and new, and (3) assess change over time, including potential path dependencies. We will thus acquire a better understanding of why and how European policy, which increasingly influences citizens’ lives, has come to address problems the way it does.
The conference will be held at the Max Planck Institute for Legal History and Legal Theory, Frankfurt am Main, Germany. Due to the SARS-CoV-2 pandemic, the conference will take place as a video conference. Participation will be free of charge and those interested should please send an informal message to email@example.com. Further information as to the platform will follow in due course.
A draft version of the conference program is available here.
Empires. Plural. Across time and across the globe, interconnected, mutually constitutive. We invite papers which consider the interconnections and the legal relations between empires. The conference will particularly focus on the role played by law (broadly defined) in facilitating, constituting, and enabling these connections; on the people of law who moved between these places; and the institutions which bound them together. How might we map Empires through these connections? How do we now conceptualise such movement, and are there new ways in which we could envisage legal interchange across time and place? Of particular interest are the connections between places with very different legal systems and traditions. How can we better bring together the efforts of historians working in different legal traditions? In this third Legal Histories of Empires conference we hope to more deeply uncover the legal threads that bound different empires, places, laws and legal traditions across the globe.
Anglicisation of and through law in British America, Ireland, and India, c.1550-1800’
Abstracts to firstname.lastname@example.org or the relevant stream by 31 October 2021. Acceptances will be sent in late November 2021.
The organisers are not able to provide funding for travel. However, the Max Planck Institute has generously offered scholarships for scholars from the Global South. The information on these is on the website (lhbe.org) and applicants should follow the instructions on that site.
Format: Face to Face with provision for virtual presentations and attendance. Please indicate on your abstract whether your participation is contingent on the availability of online participation.
Individual papers: If you are submitting an individual paper, please submit an abstract of no more than 250 words.
Panels (of no more than 4 speakers: a chair and/or commentator can be included): If you are submitting a panel, please submit:
1) A panel abstract of no more than 250 words; and
2) Individual paper abstracts of no more than 200 words.
Personal information: For each participant (presenter, chair, or commentator), please submit:
1) Biographical details of no more than 200 words; and
2) Where you will be in July 2022 if you are not physically in Ireland, and what timezone that place is in.
Only one proposal can be submitted per person. For streams please send to the relevant panel organiser (below). For general proposals please send to the main conference email address. No multiple submissions will be accepted.
In addition to papers and panels addressing the theme generally, the following streams will be offered. Individual paper proposals and panel proposals in the same format as above should be sent to the organisers of the relevant stream.
Intellectual Property in Empire: Prof Isabella Alexander: Isabella.Alexander@uts.edu.au
The Maritime World in Legal History: Prof Diane Kirkby: Diane.Kirkby@uts.edu.au
Indigeneity, Law and Empires: Prof Pooja Parmar: email@example.com
Legal Transfer in the Common Law World: Prof Stefan Vogenauer and Dr Donal Coffey: firstname.lastname@example.org
ABOUT THE BOOK
Il nome del giurista olandese Ugo Grozio (1583-1645) è tradizionalmente associato alla ridefinizione in età moderna del diritto naturale, del diritto delle genti e della questione della guerra giusta. In stretto rapporto con questa attività, la sua riflessione giuridica e politica si è confrontata anche con la nuova configurazione dello spazio mondiale prodottasi in seguito alle scoperte geografiche e alla proiezione delle potenze europee sugli oceani e sugli altri continenti. Il libro mostra che il significato storico e teorico dell’opera groziana può cogliersi solo guardando al di là dei confini del Vecchio Continente. Riletti in questa chiave globale, testi come il "De iure praedae" e il "De iure belli ac pacis" appaiono indispensabili per affrontare genealogicamente problematiche tuttora decisive: le relazioni tra l’Europa e il resto del mondo, l’eredita del dominio coloniale, le tensioni tra universalismo e particolarismo insite nell’ordine internazionale moderno.
ABOUT THE AUTHOR
Antonio Del Vecchio è professore a contratto presso il Dipartimento di Filologia Classica e Italianistica dell'Università di Bologna.
TABLE OF CONTENTS
I. Epoche e spazi
1. Miti e anti-miti
2. Un umanista nel tumulto
3. Tra due epoche
4. Tra due spazi
II. Diritto e «rivoluzione spaziale»
1. Uno sguardo esogeno
2. Conquista dei diritti e diritti di conquista
3. Capitani coraggiosi: diritti naturali e conflitti commerciali
III. Socialità, diritto, violenza
1. La costruzione del sistema giuridico
2. Diritto e desiderio di vita associata
3. Dominium e Imperium
4. La territorializzazione della guerra
IV. L’universale articolato
1. Uno spazio complesso
2. Acquisizione e movimento
3. Guerre e civiltà
4. Trattati diseguali e sovranità disomogenee
5. Qualche conclusione
Indice dei nomi
More information with the publisher.
We learned of a conference at the Université Paris Nanterre about the status of women (Le statut des femmes. Domination et constructions identitaires).
Detailed information can be found at the following page: https://chad.parisnanterre.fr/rencontres-scientifiques/chad-rencontres-scientifiques-310047.kjsp