14 June 2021

BOOK: Sakiko KAIGA, Britain and the Intellectual Origins of the League of Nations, 1914–1919 (Cambridge: CUP, 2021). ISBN 9781108489171, £ 75.00


(Source: CUP)

CUP has published a new book on the British origins of the League of Nations.


In this innovative account of the origins of the idea of the League of Nations, Sakiko Kaiga casts new light on the pro-League of Nations movement in Britain in the era of the First World War, revealing its unexpected consequences for the development of the first international organisation for peace. Combining international, social, intellectual history and international relations, she challenges two misunderstandings about the role of the movement: that their ideas about a league were utopian and that its peaceful ideal appealed to the war-weary public. Kaiga demonstrates how the original post-war plan consisted of both realistic and idealistic views of international relations, and shows how it evolved and changed in tandem with the war. She provides a comprehensive analysis of the unknown origins of the League of Nations and highlights the transformation of international society and of ideas about war prevention in the twentieth century to the present.


Sakiko KaigaUniversity of Tokyo
Sakiko Kaiga is a Research Fellow at the Institute of Social Science, University of Tokyo.



1. Precursors: Thinking about War and Peace before 1914

2. The Use of Force to Prevent War? The Bryce Group's Proposals for the Avoidance of War, 1914-15

3. Strategies for Winning Public Opinion: The Success and the Loss of the League of Nations Society, 1915-17

4. A Transnational Movement? The British and American Pro-League of Nations Groups, 1914-18

5. No Peace without Victory: The League of Victorious Allies, 1917-18



More info here

BOOK: Omer ALONI, The League of Nations and the Protection of the Environment (Cambridge: CUP, 2021). ISBN 9781108838191, 85.00 GBP


(Source: CUP)

CUP has published a new book on the League of Nations and environmental protection.


In the history of how the law has dealt with environmental issues over the last century or so, the 1920s and 30s and the key role of the League of Nations in particular remain underexplored by scholars. By delving into the League's archives, Omer Aloni uncovers the story of how the interwar world expressed similar concerns to those of our own time in relation to nature, environmental challenges and human development, and reveals a missing link in understanding the roots of our ecological crisis. Charting the environmental regime of the League, he sheds new light on its role as a centre of surprising environmental dilemmas, initiatives, and solutions. Through a number of fascinating case studies, the hidden interests, perceptions, motivations, hopes, agendas and concerns of the League are revealed for the first time. Combining legal thought, historical archival research and environmental studies, a fascinating period in legal-environmental history is brought to life.


Omer Aloni, Bar-Ilan University, Israel

Omer Aloni is Research and Postdoctoral Fellow in the Faculty of Social Sciences, University of Bar-Ilan, Ramat-Gan, Israel. He received his Ph.D. from Tel-Aviv University (Faculty of Law). He holds research affiliations with the University of Potsdam, the Rachel Carson Center for Environment and Society (LMU Munich) and the Max Planck Institute. He was awarded the Tallinn Prize by the European Society for Environmental History for the best research in 2018 and 2019.


1. Fighting pollution made by humankind: the League of Nations and the endeavors of the convention against the pollution of the sea by oil

2. The League of Nations and the whaling dilemma

3. Sanitation, spreading diseases, and the environmental concerns: the League of Nations' campaign for rural hygiene

4. Raw materials, the timber crisis, and fears of deforestation during the interwar period

5. Evaluating the environmental regime of the League of Nations: comparative discussion

6. Conclusion.

More info here

ONLINE SEMINAR: Colloqui Ibn Battuta. Storia e metodologia nello studio del mondo musulmano - Primo incontro 18 giugno 2021, h. 15:00-17:00 CET: "Le fonti"



JOURNAL: Giornale di Storia Costituzionale 39, 1/2020



Sommario / Contents:

Luigi LacchèNoli me tangere? Qualche riflessione ai tempi del coronavirus / Noli me tangere? Some reflexions at the time of coronavirus

Francesco Di DonatoSonia Scognamiglio, La civilizzazione statuale nell’opera di Gaetano Filangieri. Teoria politica, educazione giuridica, rivoluzione costituzionale / The State civilization in Gaetano Filangieri’s work. Political theory, legal education, constitutional revolution
Stefania Mazzone, Hénri Grégoire e la rigenerazione degli ebrei / Hénri Grégoire and the regeneration of the Jews


Paola PersanoSciences Po e la razionalizzazione democratica nella Terza Repubblica francese  Sciences Po and the democratic rationalization in the Third French Republic
Giuseppe MeccaDemocrazia e libertà. Problemi e immagini dello Stato nella riflessione di Francesco Saverio Nitti / Democracy and freedom. Problems and images of the State in reflection of Francesco Saverio Nitti
Antonio Mastropaolo, Riflessi costituzionali del rapporto tra scuola e Stato nel pensiero e nell’opera di Piero Gobetti / Constitutional Reflections about the Relationship between School and State in the Thought and Work of Piero Gobetti
Patrizia De Salvo, «…O accettarli per alto spirito di patriottismo, o subirli». I provvedimenti per la repressione degli abusi della stampa periodica (1922-1943) / The Measures to suppress the abuse of periodical press (1922-1943) «… Accepting them for high spirit of Patriotism or be subjected to them»
Claudia Storti, Una costituzione per il regime? 1940: lo scoppio della guerra e del conflitto tra partito fascista e scienza giuridica / A constitution for the regime? 1940: outbreak of the war and raise of the conflict between the fascist party and legal culture
Benedetta BarbisanThe Republic of Parties: From Singular to Plural in the 1948 Italian Constitution / La Repubblica dei Partiti: dal singolare al plurale nella Costituzione Italiana del 1948
Giovanni Di Cosimo, Sviluppi del governo parlamentare / Developments of the parliamentary government
Ronald Car, Prove di un costituzionalismo marxista a Berlino Est (1946-1949) / Rehearsals for a Marxist constitutionalism in East Berlin (1946-1949)
Lorenzo Castellani, Verso lo Stato osmotico. Centralizzazione, liberalizzazioni, governance: il governo locale del Regno Unito nell’era dei Conservatori (1979-1997) / The rising of the osmotic State. Centralization, contracting out, governance: UK local government in the Conservative era (1979-1997)

Andrés Botero, Javier Aguirre, Due fori e un giuramento: il contributo storico-filosofico di Paolo Prodi al dibattito sul ruolo della religione nelle democrazie occidentali / The Oath and the Two Forums: The historical-philosophical contribution of Paolo Prodi to the debate on the role of religion in western democracies
Monica Stronati, Il mutuo soccorso tra storia e storiografia, ovvero ripensare il diritto di associazione / The mutual aid between history and historiography, as to say: rethinking the right of association

Giacomo Pace Gravina,  ‘Storie’ del Diritto nei racconti di Luigi Capuana / ‘Histories’ of law in Luigi Capuana’s novels

Primo piano / In the foreground
Riccardo Cavallo legge / reads Massimo Cacciari, Natalino Irti, Elogio del diritto. Con un saggio di Werner Jaeger

Ventitre proposte di lettura / Twenty-three reading proposals

More information: 

11 June 2021

ESCLH General Assembly + Seminar "Theology and Law: Recent Research and Publications on the Iberian School of Peace" (ONLINE, 29 JUN 2021)

(image source: HistoriaDomus)

 Dear members,


You're most cordially invited to the ESCLH General Assembly for 2021 and to a Seminar with exciting new research presented by our colleagues at the University of Lisbon (Tuesday, 29 June 2021, 17:00-19:00 hours CET/04:00-06:00 hours PM GMT). Please find the draft agenda as an attachment to this email. As you will see, the Assembly is again online, because of the limitations Covid sets us. Due to these limitations, as you know we decided to postpone the ESCLH Conference again, to 22-24 June 2022, in Lisbon, but are hosting the AGM at the same time as the 2021 conference would have been.


To get a taste of what Lisbon has to offer, academically at least, this year's General Assembly is preceded by a Seminar:

Theology and Law: recent research and publications on the Iberian school of peace

Speakers include, Profs Pedro Barbas Homem (Faculty of Law), Pedro Calafate (Department of Philosophy), Margarida Seixas (Faculty of Law) and Ana Fouto (Faculty of Law). They will be speaking about brand new research based on manuscripts at the Universities of Salamanca, Coimbra and Évora from Portuguese and Spanish legal theologians of XVI and XVII century.


In the invitation, but also here you find a registration link (, by which you can register for the Workshop and/or the General Assembly 2021.


Candidates for Secretary General

On the agenda is also the position of the Secretary General. The first term of Janwillem Oosterhuis as Secretary General (since 2016) is over. If you are interested in standing, please send an email to before Friday 11 June 2021. If there are any applications, you will be informed by 15 June of the list of elegible candidates. While Dr Oosterhuis is willing to stand again, all members are able to stand for all positions on the Executive Council when those positions are up for election.


Membership fee 2021

As you may have noticed, you have not yet received a reminder for your membership fee for 2021. As you can see in the agenda, we have found a new treasurer (with many thanks to Juan Canizares for his many years of work) and intend also to move to a new bank. However, while we work this out, we kindly ask you to pay your membership (€50 yearly) to the current account in Spain (Bank: Bankia. C/ Guardia Civil, 21. 46020, Valencia (Spain); IBAN: ES48 2038 6546 2360 0015 1293; Swift code: CAHMESMMXXX; Holder: European Society for Comparative Legal History) or use the PayPal account on the ESCLH Blog ( When you have paid, please inform our new treasurer Judit Beke-Martos ( and me, the Secretary General ( of such.

BOOK: Pablo RUIZ-TAGLE, Five Republics and One Tradition - A History of Constitutionalism in Chile 1810–2020 (Cambridge: CUP, 2021). ISBN 9781108835312, 85.00 GBP


(Source: CUP)

CUP is publishing a new book on the history of constitutionalism in Chile.


Like many countries around the world, Chile is undergoing a political moment when the nature of democracy and its political and legal institutions are being challenged. Senior Chilean legal scholar and constitutional historian Pablo Ruiz-Tagle provides an historical analysis of constitutional change and democratic crisis in the present context focused on Chilean constitutionalism. He offers a comparative analysis of the organization and function of government, the structure of rights and the main political agents that participated in each stage of Chilean constitutional history. Chile is a powerful case study of a Latin American country that has gone through several threats to its democracy, but that has once again followed a moderate path to rebuild its constitutional republican tradition. Not only the first comprehensive study of Chilean constitutional history in the English language from the nineteenth-century to the present day, this book is also a powerful defence of democratic values.


Pablo Ruiz-TagleUniversidad de Chile

Pablo Ruiz-Tagle is Dean and Professor of Constitutional Law and Introduction to Law at the Universidad de Chile. Trained at Yale Law School, he has lectured in Chile and abroad and published several books. He has given advice to the Chilean Congress and other institutions on constitutional matters.



Preface to the English translation


1. Republican constitutionalism as an ideal type and tradition and its alternatives

2. First republic. The independent republic (1810–1830)

3. Second republic. The authoritarian republic (1830–1870)

4. Third republic. The liberal republic (1870–1924)

5. Fourth republic. The democratic republic (1932–1973)

6. The dictatorial imposition of authoritarian constitutionalism (1973–1990)

7. Fifth republic. The neo-liberal republic (1990 to date)

8. The most recent Chilean constitutional moment and its content

9. Afterword

10. Annex: agreement for social peace and a new constitution (2019)

11. Bibliography

12. Index.


More info here

BLOG: Pierre-Anne FORCADET, Histoire de la justice. Saint Louis fonde la justice moderne (Hérodote)


(image: Saint-Louis interpreted by El Greco; source: Wikimedia Commons)

First paragraph:

« Selon que vous serez puissant ou misérable – Les jugements de cour vous rendront blanc ou noir ». Jean de La Fontaine n’a pas été le premier, ni le dernier, à critiquer la justice. Si la justice comme sentiment moral est sans doute innée chez l’humain, la Justice comme institution, avec ses textes et ses procédures complexes, remonte elle-même à l’Antiquité.

Mais c’est seulement au Moyen Âge, en particulier à l’époque de Saint Louis, qu’elle a pris la forme que nous lui connaissons, avec ses défauts mais aussi et surtout ses qualités, n’en déplaise à La Fontaine.

Read further on herodote

BOOK: Tanya AGATHOCLEOUS, Disaffected - Emotion, Sedition, and Colonial Law in the Anglosphere (Ithaca: Cornell University Press, 2021). ISBN 9781501753879, 115.00 USD


Cornell University Press has published a new book on effects of antisedition law on the overlapping public spheres of India and Britain under empire


Disaffected examines the effects of antisedition law on the overlapping public spheres of India and Britain under empire. After 1857, the British government began censoring the press in India, culminating in 1870 with the passage of Section 124a, a law that used the term "disaffection" to target the emotional tenor of writing deemed threatening to imperial rule. As a result, Tanya Agathocleous shows, Indian journalists adopted modes of writing that appeared to mimic properly British styles of prose even as they wrote against empire.

Agathocleous argues that Section 124a, which is still used to quell political dissent in present-day India, both irrevocably shaped conversations and critiques in the colonial public sphere and continues to influence anticolonialism and postcolonial relationships between the state and the public. Disaffected draws out the coercive and emotional subtexts of law, literature, and cultural relationships, demonstrating how the criminalization of political alienation and dissent has shaped literary form and the political imagination.


Tanya Agathocleous is Associate Professor of English at Hunter College. She is author of Urban Realism and the Cosmopolitan Imagination.



1. Affectation: The Aesthete and the Babu on Trial

2. Parody: Colonial Mimicry, Colonial Parody, and theMultiplicity of Punch

3. Review: Worlding White Supremacy and Indian Nationalism

4. Syncretism: From East and West to the Darker Nations



More info here

JOURNAL: Revue Historique de Droit Français et Étranger, 2020/2



10 June 2021

BOOK REVIEW: Wolfgang REINHARD (Freiburg im Breisgau) on Irene DINGEL et al. (eds.), Handbook of Peace in Early Modern Europe (Berlin: DeGruyter Oldenbourg, 2021) (Sehepunkte, MAY 2021)


(image source: Sehepunkte)

First paragraph:

Ein Werk wie dieses war längst überfällig. Zwar wurde der Friede schon immer gepriesen und hat im 20. Jahrhundert moralisch sogar die Oberhand gewonnen. Der Krieg wurde verboten. Es gibt heute keine Kriegsminister mehr, sondern nur noch Verteidigungsminister und auch so gut wie keine ordnungsgemäß mit Kriegserklärung begonnenen und mit Friedensschluss beendeten Kämpfe alten Stils. Die Wirklichkeit ist freilich nichtsdestoweniger kriegerischer denn je. Auch die Wissenschaft interessiert sich demgemäß lieber für Krieg als für Frieden. Faktisch gilt eben immer noch die Feststellung von Nietzsches Zarathustra "der gute Krieg ist es, der jede Sache heiligt" (97). Sogar die Menschenrechte müssen heute den Krieg "heiligen". Anthropologisch gesehen ist es ja viel einfacher, einen Konflikt auszulösen und durchzufechten als ihn beizulegen und zu beenden. Entsprechend schwer tut sich die Friedensforschung mit der Gewalt und entsprechend verdienstvoll ist der Versuch dieses Buches, hier mit historischer Friedensforschung massiv wissenschaftlich gegenzusteuern.

Read the full review here.

(source: ESILHIL Blog)

BOOK: Craig ANDERSON, Roman Law for Scots Law Students (Edinburgh: Edinburgh University Press, 2021) ISBN 9781474450195, 40.00 GBP


Edinburgh University Press has published a textbook guide to how Roman law influenced Scots law.


A textbook guide to how Roman law influenced Scots law, supported with online student resources

  • Gives a clear, general account of Roman private law: how it developed and how it was administered
  • Explains how Roman law influenced later law in Scotland and elsewhere
  • Guides readers in using Roman materials for modern legal problems
  • Includes chapter summaries and suggestions for further reading

From property law to delict and unjustified enrichment, this textbook focuses on those areas of Roman law that have been most influential on Scots law.

By using this book, students will enter practice with a greater depth of understanding of the roots of modern Scots law, helping them to feel confident in using Roman materials when tackling today's legal problems.


Craig Anderson is Lecturer in Law at Robert Gordon University.


Part I: The Historical and Constitutional Context of Roman Law

Part II: The Law of Persons

Part III: The Law of Things – Property

Part IV: The Law of Things – Succession

Part V: The Law of Things – Obligations



More info here

JOURNAL: Passagens, Revista de História Política e Cultura Política, v. 13, nº 1, January/April, 2021. (Open Access)



Borges, libros y lecturas: pesquisa e método
Marcelo Neder Cerqueira
“É antes um delito político do que natural ou individual”: a condição jurídica dos delitos de abuso de liberdade de imprensa no Direito Penal do Brasil Império
Danler Garcia, Diego Nunes
José Luis Duffy, a Revista Penitenciaria e os estudos de medicina legal: para uma prosopografia da administração penitenciária argentina (1905-1909)
Luis González Alvo, Alejo García Basalo
O Tribunal Penal Internacional e o Tribunal de Nuremberg: aspectos históricos e jurídicos
Flavia Denadai Alvarenga, Tarsis Barreto Oliveira
A Lei Antiterrorismo brasileira e a circulação internacional de regimes jurídicos punitivos
Adriano Freixo, Vinicius Armele
Estado e soberania na filosofia protestante: uma introdução ao debate holandês do século XX
Elden Borges Souza, Victor Sales Pinheiro
Pós-verdade e adensamento social: o jogo político em torno do a-sujeitamento na contemporaneidade
Frederico Osanan Amorim Lima
More information: 

09 June 2021

CALL FOR PAPERS: Perspectives on the sovereignty (Italian review of legal history (Italian Review of Legal History; 31 december 2021 first proposal)

(Source: Italian Review of Legal History

The Board of the Italian Review of Legal History invites all scholars to publish to the next issue of the review (num. 8 2022) in order to contribute to the debate on the topic of the sovereignty, in a historical perspective or with regard to current events in Europe and outside Europe.

The concept of sovereignty has been at the center of legal, political, philosophical and economic debate for centuries and few terms concerning institutions have taken on such a wide range of meanings in history. In different cultural spheres and from a variety of perspectives, the reflection on the polysemic content and on the various declinations of this concept in the diverse areas of the world, not only between past and present, but also regarding the possible frameworks that it could assume in the more or less near future, continues.

Submission deadline: June 30th, 2022.

Papers can be written in the following languages: Italian, English, French, German, Spanish, Portuguese.

At the choice of the author, papers will be published:

  • in Italian (or in another of the languages above mentioned) and English
  • only in Italian language (or in another of the languages above mentioned) with an abstract in English of at least 4.000 characters.

For author guidelines and additional information, please visit the website of the Journal, in particular, and

Please, fill the form by December 31st, 2021 (pdf file to be filled with Acrobat Reader) and submit it to and to

In order to encourage the debate between scholars, the Board suggests, in counterpoint, two reflection schemes:

1. Sovereignty and Feudality (proposed by A. Sciumè)

The charm and at the same time the drama of the current era, now identified with the status of postmodern, can be summed up in the term crisis. This term represents the present time in a synthetic form: crisis of knowledge, crisis of certainties, even crisis of the parameters of the daily life development of existence, that man thought he had protected from profound alterations, through the neutralization of the unexpected in the path between the alpha and the omega of individual and collective life. (Hartmut Rosa).

A consolidated historical interpretation of the relationship between Sovereignty and Feudality, places one in relationship with the other in a diachronic perspective, so that the first appears as the result of the progressive abandonment of the second form of relationship between subjects and between subjects and goods, that took place between the end of the medieval age and the modern age, to allow Sovereignty to become the exclusive paradigm of ownership of power and the forms of its exercise, destined to give society a very different order from the feudal one (Montesquieu).

In this direction, Sovereignty asserts itself as the pivot of a political and juridical system together (until the age of revolutions the two terms proceed side by side) "that allows the modern state to assert itself on the medieval organization of power" based on particular/universal dialectic. By freeing itself from the intertwining of mutual dependencies, which made it a relative power in an essentially pluralistic context, the sovereign eliminates thus feudal powers, the privileges of the classes and of the local autonomies, to reduce their role of mediation between state and individual. Between the end of the modern era and the beginning of the contemporary one, absolute and original character thus become the foundations of Sovereignty, destined to be declined in inalienability, imprescriptibility, perpetuity. (Matteucci).

All this, even though attempts to identify escape routes from it are not absent in the contemporary age (triumphal era to the category of state sovereignty), in the form of exceptional solutions (Carl Schmitt).

The exclusively diachronic perspective of reading the dialectic between Sovereignty and Feudality now appears questioned by the consideration of the forms assumed by certain social and political phenomena of the present time. It seems to orient the reflection on the relationship between the two categories unfolded through their simultaneous presence on of a synchronic plane, so that the current society, the political strategies and the juridical architectures that distinguish it seem to see Sovereignty and Feudalism intertwined without interruption, in the construction of intersubjective relationships and of relationships between subjects and goods (Guido Rossi, 2015, Ricolfi, 2019).

On the law terrain then, the effect could be that of the affirmation of a "polycentric system", with an order characterized by the presence, alongside the equal law of revolutionary origin, of an "additional unequal law", able to coexist with the first. According to this interpretation, the current time would then be marked by a complete replacement also of a similar plural order with a dynamic dominated by contingency: a phase of decadence that "seems to overwhelm the same conceivability order ", producing "equilibriums that are always provisional and unstable and that respond, from time to time, to equally temporary and unstable compatibilities” (Mario Barcellona).

All this leads to a renewed attention to the Sovereignty and Feudal categories on a historical level, to verify, in particular, the levels of intersection between one and the other category, both on the level of the history of law and on that of institutional history, and finally on the level of the history of thought. In conclusion, here are some issues which, obviously without exhausting the panorama of problematic issues attributable to the Sovereignty / Feudal dialectic, represent the proposal of many suggestive lines of the development of reflection:

  • The relationship between the two models of power management and the secularization process achieved between the Middle Ages and the Contemporary Age;
  • The influence of the two categories on the articulation of public/private law between the Modern Age and the Contemporary Age;
  • Sovereignty, Feudality and pluralistic forms of institutions between the Middle Ages and the Contemporary Age;
  • Sovereignty and Feudality in front of the law ordering function (security and legal certainty in front of the dialectic between Sovereignty and Feudality);
  • Sovereignty, Feudality, universalization and globalization. (Bauman, Luhmann, Ratzinger, Habermas).


2. Sovereignty, Subsidiarity, Identity (proposed by A. Padoa Schioppa)

Few words regarding institutions have known a range of meanings as wide as ‘sovereignty’. Even today, on this front reality shows clear cases of transformation for which an idea that is variously declined both in a historical and in a political perspective needs to be rethought. By now, the prevailing acceptance of the idea of popular sovereignty, which has ancient and modern roots from Aristotle to Rousseau and which finds an essential anchor in the Christian idea of the equal dignity of each person, involves the fundamental principle according to which in the human world the individual is sovereign - each individual, both as a single man and as a free member of a community. Any other form of attribution and exercise of power – starting from the different models of representative democracy – has, in this sense, to be considered as deriving from it.

Even in the age of absolutism, in the presence of ecclesiastical jurisdiction, superior courts, intermediate bodies and class institutions, sovereignty was not in the hands of the sovereign alone. In the early modern period, the absolute ruler (theorized by Jean Bodin) still had natural law above him, as divine law limited medieval emperors and kings in their powers. Instead, the enlightened sovereigns exerted actual absolutism, but then, starting from the 17th-century English revolution, modern constitutionalism, had theorized the distinction and balance of powers, albeit in very different forms in Europe and in America. Later the principle of the sovereignty of the nation became manifest in 1789 and led, after the Napoleonic interlude and the Restoration, to the progressive achievement of various forms of representative democracy in 1848. In the era of Nations, the prevailing legal idea, which attributed the exclusive prerogative of sovereignty to the State – a theory shared and enhanced by the two tragic world wars and shared by modern dictatorships – was actually already outdated both theoretically and historically. In the second half of the twentieth century, a higher level than the legislative sovereignty of the state was set by the Constitutions, whose principles were imposed by the modern constitutional courts also towards national legislators. However, in Europe and outside Europe each of these transitions has known several manifestations, which lead the historian to repeatedly research into the idea of sovereignty after the end of the ancient world.

Furthermore, the contemporary world is experiencing the transfer of functions, once considered typical of national sovereignty, to levels of government other than that of the State-nation: consider, for example, the member states of the European Union, which waived their monetary sovereignty by creating the euro; and the euro itself was legitimated by a treaty that had been democratically approved and managed. Downwards, beneath the State, in many states a share of sovereignty is democratically transferred (by constitution) to regions and municipalities. Other functions are instead transferred and carried out, although in a limited and imperfect form, at the global supranational level, including international jurisdictions authorized to adjudicate, sometimes even on the claim lodged by individuals, in the case of very serious crimes, which are not prosecuted by the State where they have been committed; so do the International Criminal Court (since 1998) and the European Court of Human Rights and other international courts.

This plurality of levels can be variously defined but are to be connected – without excluding other possible theorizations – to the idea of vertical subsidiarity between the different levels of the territory (Bartolus de Saxoferrato already defined populus both that of the city, that of the kingdoms and that of the Empire), which are therefore at least five, from the municipality to the region, the nation state, the federations among states and the world institutions, starting from the United Nations. It is not surprising that up to today the powers of nation states have prevailed over those wielded by the other territorial levels: suffice it to consider that the nation state is responsible for civil and criminal justice, taxes and the army, which in the event of a war can even decide over life and death of each of us. Yet, as already said, some of these powers, which are also legitimate because directly or indirectly delegated by citizens, exist within federal states as well as at supranational level, for example in the UN peacekeeping missions.

However, there are also other dimensions, which intensely complete and define the powers that individuals and communities experience and that are democratically recognized (where democratic regimes act) by the political institutions of various territorial levels. These are the prerogatives of intermediate and transversal communities, consisting of family, ethnic, religious, professional, economic, political or other affiliations. Feudal bonds also belonged to this category; they still belong to it, where they still work in the world, although in different forms; when in different contexts, including – but not only – the world of crime, someone says he is “the man of ...” (another man), feudal terminology is still used, albeit unconsciously.

As long as they are not detrimental to their own and others’ rights or to constitutional principles, each of these affiliations is legitimate and is interwoven, in a deep network of relationships, rules and behaviours, with the regulations and customs in force at various territorial levels; they are collective identities, each one rooted in ancient and recent history. In every individual at least some of these different identities are present together, naturally including those of the territory; by virtue of them I am at the same time Milanese, Lombard, Italian, European, and citizen of the world. Their combination, together with the features genetically created by Mother Nature and with those deriving (by adhesion or by contrast) from one’s own family and from individual experiences of life and thought, constitutes the weave and the warp of the identity of each of us, the first and last holder of sovereignty. While in the physical world the sum of colours is white, in the individual and collective human world this range of identities is visible and constitutes a very rich spectrum that makes each individual different from anyone else and each community different from any other – within each of the aforementioned territorial and not territorial dimensions.

If it is true that the monocratic idea of sovereignty is to  be considered obsolete, it is interesting to investigate about the different levels – vertical and horizontal, contiguous and transversal – to which the many original and derivatives dimensions of sovereignty belong, in history as well as in theory.

Detailed information can be found at the following page:

BOOK: Stefan JURASINSKI & Lisi OLIVER, The Laws of Alfred - The Domboc and the Making of Anglo-Saxon Law (Cambridge: CUP, 2021). ISBN 9781108840903, 75.00 GBP


(Source: CUP)

CUP has published a new book on Alfred the Great's domboc ('book of laws'), including a new translation.


Alfred the Great's domboc ('book of laws') is the longest and most ambitious legal text of the Anglo-Saxon period. Alfred places his own laws, dealing with everything from sanctuary to feuding to the theft of bees, between a lengthy translation of legal passages from the Bible and the legislation of the West-Saxon King Ine (r. 688–726), which rival his own in length and scope. This book is the first critical edition of the domboc published in over a century, as well as a new translation. Five introductory chapters offer fresh insights into the laws of Alfred and Ine, considering their backgrounds, their relationship to early medieval legal culture, their manuscript evidence and their reception in later centuries. Rather than a haphazard accumulation of ordinances, the domboc is shown to issue from deep reflection on the nature of law itself, whose effects would permanently alter the development of early English legislation.


Stefan JurasinskiState University College, Brockport, New York
Stefan Jurasinski is Professor of English at State University College, Brockport, New York. He is the author of The Old English Penitentials and Anglo-Saxon Law (Cambridge, 2015) and, with R. D. Fulk, The Old English Canons of Theodore (2012). With Andrew Rabin, he edited Languages of the Law in Early Medieval England: Essays in Memory of Lisi Oliver.

Lisi OliverLouisiana State University
Lisi Oliver, author of The Beginnings of English Law (2013) and The Body Legal and Barbarian Law (2011), was Houston Alumni Professor of English and Distinguished Research Master at Louisiana State University. With Andrew Rabin and Stefan Jurasinski, she edited English Law Before Magna Carta.


List of Figures

List of Tables



Part I.:

1. The emergence of written law in early England

2. Legal erudition in seventh- and ninth-century Wessex

3. Reshaping tradition: oaths, ordeals, and the 'innovations' of the domboc

4. The transmission of the domboc: old English manuscripts and other early witnesses

5. Reception, editorial history, and interpretative legacies

Part II. Editions:

6. Rubrics in Cambridge, Corpus Christi College MSS 173 and 383

7. Alfred's prologue

8. The laws of Alfred

9. The laws of Ine

Appendix I: handlist of prior editions




More info here

BOOK: Bruce W. FRIER, A Casebook on the Roman Law of Contracts (Oxford: OUP, 2021). ISBN 9780197573211, 99.00 USD


(Source: OUP)

OUP is publishing a new casebook on the Roman law of contracts.


Roman contract law has profoundly influenced subsequent legal systems throughout the world, but is inarguably an important subject in its own right. This casebook introduces students to the rich body of Roman law concerning contracts between private individuals.

In order to bring out the intricacy of Roman contract law, the casebook employs the case-law method--actual Roman texts, drawn from Justinian's Digest and other sources, are presented both in Latin and English, along with introductions and discussions that fill out the background of the cases and explore related legal issues. This method reflects the casuistic practices of the jurists themselves: concentrating on the fact-rich environment in which contracts are made and enforced, while never losing sight of the broader principles upon which the jurists constructed the law.

The casebook concentrates especially on stipulation and sale, which are particularly well represented in surviving sources. Beyond these and other standard contracts, the book also has chapters on the capacity to contract, the creation of third-party rights and duties, and the main forms of unjustified enrichment. What students can hope to learn from this casebook is not only the general outlines and details of Roman contract law, but also how the jurists developed such law out of rudimentary civil procedures.


Bruce W. Frier is John and Teresa D'Arms Distinguished University Professor of Classics and Roman Law at the University of Michigan. His publications include A Casebook on the Roman Law of Delict, A Casebook on Roman Family Law (with Thomas A. J. McGinn), and The Modern Law of Contracts (with J. J. White). He is also the general editor of the annotated translation of The Codex of Justinian.


Preface for Students

Introduction to Roman Contract Law

Chapter I. Capacity to Contract

Chapter II. Stipulation: A Formal Contract

Chapter III. Contracts Created Through Delivery (“Real Contracts”)

Chapter IV. Sale: A Contract Created Through Informal Agreement

Chapter V. Other Consensual Contracts: Problems in Execution

Chapter VI. Filling in the Gaps: Contracts Created Through One Party's Performance

Chapter VII. Third Party Rights and Responsibilities

Chapter VIII. Quasi-Contract


Short Biographies of the Jurists

Suggested Further Reading

Index of Sources


More info here

JOURNAL: Revue Historique de Droit Français et Étranger, 2020/1



Table of contents of the number 2020/1 of the Revue Historique de Droit Français et Étranger:

08 June 2021

JOURNAL: Forum Historiae Iuris, 2020 (Open Access)




Rafael Lamera Giesta Cabral
The 1934 Brazilian Constitution and the regulation experience of labor in Brazil (1930-1934)

Andrea Mazzoleni
Brevi note in tema di administratio peculii: un concetto classico o un’introduzione giustinianea?

Giacomo Demarchi
Zwischen Rationalisierung und Integration: Der Estado Integral der zweiten spanischen Republik und seine Wurzeln in der Weimarer Republik

Claudia Passarella
From Scotland to Italy and Back: Enrico Ferri, the Verdict of Not Proven and its Consequences on the Accused

Anastasja A. Stepkine
Aspetti dell’affectio maritalis nelle dinamiche del matrimonio romano

Maurilio Felici
Spunti di ricerca sull’interpretatio dei giuristi e il destino del legatum penoris

Mariagrazia Rizzi
Appunti a margine del rapporto tra edictum divi Claudii e senatus consultum Neronianum in tema di aliquid sibi adscribere in testamento alieno

Giulietta Rossetti
Alle origini della moderna responsabilità extracontrattuale. L’actio ex lege Aquilia tra “natura penale” e “funzione reipersecutoria”.

Federica Bertoldi
Inadempimenti del comodatario e profili di responsabilità nel diritto romano

Book reviews: 

Reviewed by: Elisabetta Fiocchi Malaspina
Antonio Banfi, Massimo Brutti, Emanuele Stolfi (a cura di), Dall’esegesi giuridica alla teoria dell’interpretazione: Emilio Betti (1890-1968)

Reviewed by: Jonas Fischer
Stephan Meder, Rechtsmaschinen. Von Subsumtionsautomaten, Künstlicher Intelligenz und der Suche nach dem „richtigen“ Urteil

Reviewed by: Lena Oetzel
Cornel Zwierlein, Politische Theorie und Herrschaft in der Frühen Neuzeit

Reviewed by: Karl Härter
Ariadne Schmidt, Prosecuting Women. A Comparative Perspective on Crime and Gender Before the Dutch Criminal Courts, c.1600-1810

Reviewed by: Simona Tarozzi
Wolfgang Ernst, Justinian’s Digest 9.2.51 in the Western Legal Canon. Roman Legal Thought and Modern Causality Concepts

Reviewed by: Saskia Lettmaier
Barbara J Shapiro, Law Reform in Early Modern England. Crown, Parliament and the Press

Reviewed by: Andreas Kley
Thomas Olechowski, Hans Kelsen. Biographie eines Rechtswissenschaftlers

Reviewed by: Elisabetta Fiocchi Malaspina
Paolo Amorosa, Rewriting the History of the Law of Nations. How James Brown Scott Made Francisco de Vitoria the Founder of International Law

Reviewed by: Frederik Dhondt
Maris Köpcke, A Short History of Legal Validity and Invalidity. Foundations of Private and Public Law

More information:

JOB: Lecturer in the International History of Modern Human Rights (University of Glasgow) (DEADLINE: 24 June 2021)



The University of Glasgow has a vacancy for a lecturer in the international history of modern human rights.

This post is full time (35 hours per week) and is offered on an open-ended basis.

The University of Glasgow is recruiting an early career scholar for a permanent, full-time Research and Teaching position in the international history of modern human rights. We seek an individual with a developing research profile, excellent teaching and communication skills and the ability to foster and sustain collaborative partnerships with internal and external parties. The successful candidate will have research expertise in the nineteenth and twentieth century history of human rights in at least two national contexts. Expertise in one or more of the following is desirable: the histories of race, international law, supranational institutions, international relations, gender and citizenship.

The Lecturer will lead a cross-disciplinary team to create and launch a MSc in Global Human Rights and will contribute to the activities of a new multi-institutional Scottish Council on Global Affairs hosted by the University of Glasgow in 2021-23. Working with the Council's Director, the postholder will participate in strategic planning and policy formulation and assist in the design and delivery of projects to further the Council's agenda of engagement with policy stakeholders and the wider public. The Lecturer will pursue ambitious research and publishing in their subject area and contribute to undergraduate and postgraduate teaching (solo and team taught) for programmes including our undergraduate MA (Hons) in History and MSc degrees in Global History and Human Rights.

The full job announcement can be found here

BOOK: Laura L. FORD, The Intellectual Property of Nations - Sociological and Historical Perspectives on a Modern Legal Institution (Cambridge: CUP, 2021). ISBN 9781316648483, 39.99 USD


(Source: CUP

CUP is publishing a new book on the history of intellectual property law.


Drawing on macro-historical sociological theories, this book traces the development of intellectual property as a new type of legal property in the modern nation-state system. In its current form, intellectual property is considered part of an infrastructure of state power that incentivizes innovation, creativity, and scientific development, all engines of economic growth. To show how this infrastructure of power emerged, Laura Ford follows macro-historical social theorists, including Michael Mann and Max Weber, back to antiquity, revealing that legal instruments very similar to modern intellectual property have existed for a long time and have also been deployed for similar purposes. Using comparative and historical evidence, this groundbreaking work reflects on the role of intellectual property in our contemporary political communities and societies; on the close relationship between law and religion; and on the extent to which law's obliging force depends on ancient, written traditions.


Laura R. Ford, Bard College, New York

Laura R. Ford is Assistant Professor of Sociology at Bard College. Professor Ford is a former attorney turned sociologist, specializing in historical sociology and the sociological theory of Max Weber.



1. Legal Institutions and Social Power: Setting the Stage

2. Legal Orders and Social Performance: Founding Facebook

3. Instruments of Legal Power in the Roman Republic

4. Semantic Legal Ordering: Idealizing Roman Law

5. Cultural Transformations: Christianizing Legal Power

6. Privileges and Immunities in a Sacramentalizing Order

7. Administrative Kingship and Covenantal Bonds: Early Roots of Intellectual Property in England

8. Intellectual Property in a Nationalizing Order

9. Cultural Transformations: Naturalizing Intellectual Property

10. Semantic Legal Ordering: Idealizing Intellectual Property

11. Instruments of Legal Power in the American Republic

12. Legal Institutions and Social Performance: Founding a Global Order

Conclusion – The Intellectual Property of Nations.


More info here

JOURNAL: Historia et ius - Num. 19 - June 2021 (Opena access)


Temi e questioni

1) Dario Luongo, Contro lo "spirito di severità": garanzie e mitigazione dei dispositivi penali in Tommaso Briganti - DOI 10.32064/19.2021.01 - 15 dicembre 2020 - paper 1 


Studi (valutati tramite blind peer review)

2) Alessandro Agrì, Lo ‘Stato di Fiume’ e il suo diritto (1918-1924) - DOI 10.32064/19.2021.16 - 1 maggio 2021 - paper 16 

3) Andrés Botero Bernal, El juramento (procesal) en el Antiguo Régimen hispanoamericano.  Conceptualización, delimitación y clasificación - DOI 10.32064/19.2021.10 - 1 marzo 2021 - paper 10 

4) Angelina Cirillo, Due consulte ‘gemelle’ del vicereame austriaco: conflitti istituzionali partenopei e irenismo imperiale - DOI 10.32064/19.2020.05 - 15 febbraio 2021 - paper 5

5) Tiziana Ferreri, Usi civici a Viterbo tra XVI e XVII secolo: la riforma di Paolo III e lo Statuto comunale del 1649 - DOI 10.32064/19.2021.13 - 15 aprile 2021 - paper 13 

6) Marco P. Geri, Tra codice e «osservanze giudiciali»: Giuseppe Puccioni al crepuscolo del diritto penale del Granducato (1838-1860) - DOI 10.32064/19.2021.11 - 1 aprile 2021 - paper 11 

7) Ferruccio Maradei, "Dal foro alle cattedre". Itinerari della manualistica penale nel Settecento napoletano tra autonomia didattica e sperimentazioni sistematiche - DOI 10.32064/19.2021.08 - 1 marzo 2021 - paper 8 

8) Paola Mastrolia, Legal transfer. La disciplina dello spazio nella Milano napoleonica - DOI 10.32064/19.2021.06 - 15 febbraio 2021 - paper 6 

9) Marianna Pignata, La cura dei folli nel Progetto di Stabilimento per alienati proposto da Biagio Gioacchino Miraglia - DOI 10.32064/19.2021.18 - 1 giugno 2021 - paper 18

10) Paolo Rondini, I respingimenti degli stranieri nell’Italia postunitaria, DOI 10.32064/19.2021.20 - 1 giugno 2021 - paper 20 

11) Gian Paolo Trifone, Una rilevante sentenza, una risalente questione ed una (sfortunata) relazione inaugurale di un anno giudiziario in Cassazione - DOI 10.32064/19.2021.15 - 1 maggio 2021 - paper 15

12) Natale Vescio, Felice Battaglia e l’eredità politica della Destra Storica. Stato liberale e ‘democrazia’ nel pensiero di Francesco Fiorentino e di Angelo Camillo De Meis - DOI 10.32064/19.2021.17 - 1 giugno 2021 - paper 17 


13) Paolo Alvazzi del Frate, Le droit et «l’invention» de la nature au XVIIIe siècle - DOI 10.32064/19.2021.14 - 1 maggio 2021 - paper 14 

14) Mario Ascheri, Una comunità umbra di confine e la normativa più antica conservata: Gaiche - DOI 10.32064/19.2021.03 - 1 febbraio 2021 - paper 3 

15) Francesco Eriberto d’Ippolito, Considerazioni sulla nascita dell’economia mercantile a Napoli tra Sette e Ottocento - DOI 10.32064/19.2021.12 - 20 marzo 2021 - paper 12 

16) Giordano Ferri, Una lezione uruguaiana di Francesco Carnelutti. La sintesi del suo pensiero - DOI 10.32064/19.2021.07 - 1 marzo 2021 

17) Salvatore Prisco, Delle epidemie. Un (per)corso fra letteratura e diritto. Primi appunti di viaggio - DOI 10.32064/19.2021.04 - 1 febbraio 2021 - paper 4 

18) Francesco Romano, Antonio Cammelli, La storia di un istituto giuridico attraverso i documenti della banca dati IS-LeGI: il lemma ‘contumacia’ - DOI 10.32064/19.2021.09 - 1 marzo 2021 - paper 9 

19) Giovanni Rossi, Alciato’s defense of Justinian: an exemplary use of historical sources  10.32064/19.2021.19 - 1 giugno 2021 - paper 19 

20) Elio Tavilla, Bartolomeo Valdrighi (1738-1787): una rivisitazione biografica - DOI 10.32064/19.2021.02 - 1 febbraio 2021 - paper 2 

All contributions are available here in PDF format.

BOOK: Manon VAN DER HEIJDEN, Marion PLUSKOTA & Sanne MUURLING, Women's Criminality in Europe, 1600–1914 (Cambridge: CUP, 2021). ISBN 9781108477710, $ 99.99


(Source: CUP)

CUP is publishing an edited collection on women’s criminality in Europe.


Bringing together the most current research on the relationship between crime and gender in the West between 1600 and 1914, this authoritative volume places female criminality within its everyday context. It reveals how their socio-economic and cultural contexts provided women with 'agency' against a range of European backdrops, despite a fundamentally patriarchal criminal justice system, and includes in-depth analysis of original sources to show how changing living standards, employment, schooling and welfare arrangements had a direct impact on the quality of life of working class women, their risk of becoming involved in crime, and the likelihood of being prosecuted for it. Rather than treating women's criminality as always exceptional, this study draws out the similarities between female and male criminality, demonstrating how an understanding of specific cultural and socio-economic contexts is essential to explain female criminality, both why their criminal patterns changed, and how their crimes were represented by contemporaries.


Manon van der Heijden, Universiteit Leiden

Manon van der Heijden is Professor of Comparative Urban History at Universiteit Leiden. Her research interests include crime and justice, marriage and the family, urban finances and public services. In 2012, she was granted a NWO VICI project Crime and Gender 1600–1900. She is a member of the Academia Europaea and author of Women and Crime in Early Modern Holland (2016).


Marion Pluskota, Universiteit Leiden

Marion Pluskota is Assistant Professor in Social History at Universiteit Leiden. She has published extensively on prostitution and criminality in the eighteenth and nineteenth centuries. She is the author of Prostitution and Social Control in Eighteenth-Century Port (2015).


Sanne Muurling, Universiteit Leiden

Sanne Muurling recently completed her Ph.D. at Universiteit Leiden with a dissertation on everyday crime and gender in early modern Bologna, Italy. Her research focuses on the social history of everyday life, including crime and deviance, single motherhood, welfare institutions, poverty and living culture.


1. Introduction: women and crime in history Sanne Muurling, Marion Pluskota and Manon van der Heijden

2. Explaining crime and gender in Europe between 1600 and 1900 Manon van der Heijden

Part I. Violence, Space and Gender:

3. Women, violence and the uses of justice before the Criminal Court of early modern Bologna Sanne Muurling

4. The 'vanishing' female perpetrator of common assault Jo Turner

Part II. Prosecution and Punishment:

5. Gender and the prosecution of adultery in Geneva, 1550–1700 Sara Beam

6. 'Find the lady': tracing and describing the incarcerated female population of London in 1881 Lucy Williams and Barry Godfrey

7. Gender and release from imprisonment: convict licensing systems in mid- to late-nineteenth-century England Helen Johnston and David J. Cox

8. Female and male prisoners in Queensland 1880–1899: re-entry, risk factors, recidivism Alana Piper, Catrien Bijleveld, Susan Dennison and Jonathan de Bruin

Part III. Representation of Crime:

9. Girls, young women and crime: perceptions, realities and responses in a long-term perspective Sarah Auspert, Margo de Koster and Veerle Massin

10. 'Monstrous and indefensible'? Newspaper accounts of sexual assaults on children in nineteenth-century England and Wales Daniel J. R. Grey

11. Gender and Dutch newspaper reports of intimate violence, 1880–1910 Clare Wilkinson.


More info here

07 June 2021

SEMINAR: Miseria e nobiltà delle istituzioni. Identità italiana e storia dello Stato - 11 giugno 2021, Società di Studi in Storia delle Istituzioni - Le Carte e la Storia - Il Mulino


BOOK: Andrea DE GUTTRY, Harry H.G. POST & Gabriella VENTURINI (Eds.), The 1998–2000 Eritrea-Ethiopia War and Its Aftermath in International Legal Perspective (The Hague: TMC Asser Press). ISBN 978-94-6265-439-6, open access


(Source: Springer)

Springer has published a new book on the 1998-2000 Eritrea-Ethiopia War in international legal perspective.


This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission. 

This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ‘no war, no peace’ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective. 

The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa.


Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy.

Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France.

Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.


More info and the ToC can be found here