VACANCIES: 3 PHD students and 1 POSTDOC [Centre for Legal History of India] (Frankfurt: Max Planck Institute for Legal History and Legal Theory, DEADLINE 3 FEB 2026)

(image source: MPILHLT)

Presentation:

The Centre for Legal History of India (CLHI) in the Department European and Comparative Legal History at the Max Planck Institute for Legal History and Legal Theory (mpilhlt) is dedicated to advancing research and academic collaboration in the field of Indian legal history. Its primary objective is to strengthen and professionalize the discipline by providing training, mentorship, and resources to doctoral and postdoctoral researchers, equipping them to produce high-quality scholarship. The Centre seeks to foster a collaborative environment where scholars can engage in critical dialogue about both the current state and future scope of research and pedagogy in this diverse field. Building on a multilateral network connecting institutions and researchers within India and internationally, the Centre showcases the richness and breadth of Indian legal history, identifying areas of common ground while highlighting the diversity of legal traditions and interdisciplinary perspectives. Indian legal history has long been a significant focus in the Department of European and Comparative Legal History, especially in the context of the study of legal transfers within the common law world. Given the central role of the Indian subcontinent in the history of the British Empire and the deep and varied legal traditions therein, the Centre aims to contribute towards developing legal history in India as a distinct and valuable field of study that merits dedicated resources and sustained scholarly attention. The Centre maintains formal collaborations with leading Indian law schools NLSIU Bangalore and NALSAR. It is supported by a Centre Advisory Council and has a dedicated visitors’ programme.

Vacancies here (postdoc), here (PhD candidates).

More information on the centre here.

VIDEO: Quentin VERREYCKEN (FRS-FNRS/UCLouvain) on the history of war crimes (RTL, Les Visages de la Recherche)

Dr. Quentin Verrecyken (permanent researcher of the FRS-FNRS at UCLouvain has been interviewed on Belgian commercial television (RTL) on his research on the history of war crimes. See video above.

BOOK: Aniceto MASFERRER DOMINGO (ed.), The Making of Criminal Law. The Role of Case Law in the 19th and 20th Centuries (London: Routledge, 2025), 380 p. ISBN 9781003633082

(image source: Taylor & Francis)

Abstract:

The separation of powers produced by the Enlightenment period reinforced the myth of the “perfection of the law”, with criminal law being dependent on the principle of legality. Demonstrating that this principle has not fundamentally altered judges' methods of interpretation and decision-making, this collective volume explores the role of case law in the making of modern criminal law from the late 19th century to the end of the 20th century. It enables us to gauge the influence of case law developed and to assess the extent to which it contributed to major criminal law decisions and the emergence of model criminal codes. The book takes a comparative view across various European and American jurisdictions and offers an overview of European civil law traditions along with comparisons from the Americas. The focus is on Western legal historiography, which has hitherto been notably under-researched. The chronological point of departure is marked by the creation of the Supreme Court and the cassation in each jurisdiction. Each chapter contains a short introduction to the role of jurisprudence in the making of criminal law from the 19th century onwards in that jurisdiction, followed by an exploration of the contribution of the legal doctrine of the Supreme Court in the making or development of a particular criminal offence or institution. The book will be of interest to scholars and historians working or teaching in the areas of legal history, comparative legal history, criminal law and comparative law. It will also be of use to scholars interested in the study of law in different socio-cultural contexts.

Table of contents

The contribution of case law to the making of Western criminal law (Aniceto Masferrer)
Abstract:

Criminal case law has been scarcely studied for various reasons. In fact, until a few years ago, no legal historian had set out to study it as an element shaping the criminal-legal system. However, in the last decade some of them began this task and have achieved surprising results, both in terms of the volume and quality of their scientific production. In Spain, for example, scholars have practically completed the study of the entire doctrine of the Supreme Court with respect to the Special Part of criminal codes and are now working on the General Part. This chapter analyzes the importance of case law as a source of law and as an object of legal and historical-legal study and includes an exhaustive description of the results obtained in recent years. In addition, it gives – as an introductory chapter of the whole collective book – a brief overview of the the role of case law in the making of modern criminal law in some European and American countries (France, Spain, Portugal, Holland, Austria, Hungary, Denmark, Sweden, Finland, Russia, Georgia-USA, and Chile), all belonging to the civil law tradition.

Case law in the court of cassation. Interpreting codification, production, and physiology of judgments (1811–1863) (Claire Bouglé-Le Roux)
Abstract:

The criminal case law of the first half of the French 19th century offers a particularly rich field of observation for those wishing to measure the role of the judge, and particularly the judge of cassation. This was a strategic period: it saw the introduction of the codification of criminal law by judges, whose interpretation was in principle constrained by the principle of the legality of offences and penalties. However, in cassation, the judges developed interpretation techniques and a method for giving reasons for their decisions, which enabled them to free themselves from the text where necessary, but also to acquire full authority over the trial judges, who were in principle the sole holders of the sovereignty of the trial judges. This study highlights the dual power of the judges of cassation in both legal and jurisdictional terms.

French case law about the age of minority. A historical study about the relationships between jurisprudence and juvenile delinquency (Jean-Louis Halpérin)
Abstract:

France is reputed to be one of the first countries in the world to have adopted a penal code, first in 1791 and then in 1810 with the Napoleonic Code, which remained in force until 1992. However, these codes should not overshadow the role of case law, which developed in parallel with the creation of the Tribunal (later the Court) of cassation in 1790. This chapter deals with criminal minority and the application of articles of the Penal Code providing for two distinct regimes depending on the discernment of minors under the age of 16. In doing so, it shows how the Court of cassation ensured that this question of discernment was always asked and has gradually taken an interest in the choice of reformatories. It gives evidence that, after the 1912 law and a 1945 ordinance closing the houses of correction, the Court of cassation reintroduced the criterion of discernment, and demonstrates that, in the longue durée, French higher judges first acted in the interest of the law, then in the interest of children, with a relative influence of social and doctrinal movements in favor of a more lenient treatment of juvenile delinquency.

The burden of proof in the crime of adultery in Spain. The contribution of the Supreme Court (1870–1978) (Aniceto Masferrer)
Abstract:

This chapter shows that, although the criminal provisions contained in the Codes regulating adultery and de facto union established the essential elements of the criminal type, case law complemented the legal regime by applying these precepts ad mentem legislatorem in specific cases, some of which were difficult – if not impossible – for the criminal legislator to foresee. In this sense, the Supreme Court’s magistrates highly contributed to the legal configuration of a crime, the application of which required going beyond what was established by the legal precept. “Going beyond” does not mean contravening or ignoring the precept, but clarifying, developing, and completing certain aspects that required a correct application of the criminal offense described in the legal precept. Although adultery is a crime that has been in force for centuries, the legislator was never fully aware of the complexity involved in proving it. The evidentiary complexity of the expression “yacimiento” (lying/having sexual relations) used in the legal precept to succinctly describe the type of crime (“A married woman who lies with a man who is not her husband commits adultery”) provoked numerous appeals and a large body of legal doctrine on the different ways of proving the existence or not of sexual intercourse, of its imperfect forms, or of sexual relations outside the scope of this particular type of crime or even of criminal law in general. In short, the chapter gives evidence of the relevance of the Supreme Court, whose doctrine greatly contributed to the adultery’s normative configuration.

Diving into Spanish legal dissonance. Honour as a 19th-century two-sided normative reality (José Franco-Chasán)
Abstract:

Law encompasses society’s values, morals, and ways of acting. Those unwritten values can explain why the legal orders of so many countries enormously differ. The rather wide value of ‘honour’ leads us to a manifold outcome. Particularly, caselaw played a very important role in the configuration of honour due to the main contradiction that characterised the duel: a de iure condemnation (through Criminal Codes), and a de facto promotion (through the Code of Honour and social conceptions). Far from acting in a very dogmatic manner, the judges understood the reality of the moment and knew how to read between the lines of what was happening.

Neither one nor the other. Gender, sex, and marriage on trial in Portugal during the 19th and 20th centuries (Maria Clara Calheiros)
Abstract:

This article uses the legal treatment of adultery in Portugal under the 1886 Penal Code (in force until 1982) as a lens to explore broader European shifts in family law, gender norms, and the relationship between law and religion. Despite early 20th-century legislative reforms aiming for gender equality, Portuguese courts continued to punish female adultery more harshly, reflecting persistent traditional and religious influences. Drawing on legal texts, case law, and scholarly literature, the study reveals the tension between progressive legal ideals and conservative judicial practices. It contributes to wider debates on how legal systems mediate social change, gender relations, and secularization processes in modern Europe.

The Dutch Supreme Court on rape and sexual assault between 1886 and 1991 (Janwillem Oosterhuis)
Abstract:

In the Netherlands, sexual morality changed profoundly between the end of the 19th century and the 1970s. To a considerable degree, this changing morality is reflected in criminal legislation, particularly when it comes to adultery, homosexuality, and pornography. In the same period, however, certain articles on sexual morality stayed the same. Between 1886 and 1991, the articles on rape and sexual assault remained unchanged. Only in 1991, when a revision of the Wetboek van van Strafregt (Criminal Code) took place, were these articles revised. This chapter investigates whether the changing public morality is reflected in the decisions of the Hoge Raad, the Dutch Supreme Court, on sexual morality, focussing on rape and sexual assault. Decisions of the Hoge Raad on adultery are almost completely absent, due to the de facto decriminalisation of adultery by the Hoge Raad through a civil law decision of 1883. Apart from this early decriminalisation of adultery via civil law, it appears that the Hoge Raad did not take the lead in adapting the content of criminal law concepts to changing views on sexual morals and marital relations. In view of its function as court of cassation, that is maybe for the better.

Homosexuality in Austrian penal law and the role of the Supreme Court (Martin P. Schennach)
Abstract:

The contribution explores the impact of the Austrian Supreme Court on the interpretation and application of § 129 (1) lit. b of the Criminal Code of 1852. The law criminalized homosexual relations from the latter half of the 19th century until 1971, when it was repealed during the “minor reform of criminal law.” Pivotal judicial rulings of the Supreme Court were forged in the decades around 1900, intricately intertwined with medical and psychiatric discussions. Renowned psychiatrist Krafft-Ebing emerged as a key figure, actively contributing to debates in the field of legal policy. Despite Krafft-Ebing’s influence and that of other medical experts, the Supreme Court diverged from their views. Instead, it adopted an expansive interpretation of prohibited acts, extending beyond mere male-male intercourse or similar acts. The Supreme court stipulated that criminal liability encompassed all interactions between individuals of the same sex aimed at arousing or fulfilling sexual desires. Moreover, the Supreme Court dismissed defense strategies proposed by psychiatric experts, contending that offenders’ mental health conditions did not absolve them of criminal responsibility. Even if the Supreme Court thus deviated from the line of psychiatric science, the Supreme Court aligned itself with the prevailing consensus of the legal academic community. The landmark rulings of around 1900 retained significant influence for subsequent decades. Even as late as 1969, just two years prior to the repeal of criminal liability, the Supreme Court remained steadfast in its established approach, adhering to its prior decisions despite evolving social dynamics and ongoing discussions.

Judicial decisions shaping criminal law. Eight decades of sedition cases in Hungary (Emőd Veress, Bence Zsolt Kovács)
Abstract:

Sedition typically involves actions or speech that incite rebellion against the authority of a state or monarch, or that seek to undermine the lawful authority of the government. This chapter examines the evolution and implications of judicial decision-making on the consistency of criminal law, with a focus on Hungary’s legal history, through significant political changes from the 19th to the 20th centuries. The research highlights the foundational role of Hungary’s highest courts in maintaining legal consistency amidst these transformations, especially in the interpretation of the sedition offence. By delving into Hungary’s transition to a codified criminal framework, exemplified by the Csemegi Code of 1878, to a more politicized judicial approach influenced by Soviet doctrines post-1948, the analysis demonstrates how judicial practices adapted to shifting political landscapes, impacting the uniform application of criminal law. This evolution underscores the difficult interplay between law and changing societal contexts. Through detailed examinations of precedent and the role of high courts, the study provides insights into the broader implications of judicial decisions in shaping legal and societal norms.

Dolus Eventualis in Danish criminal law The introduction of a legal concept by the Supreme Court (Per Andersen)
Abstract:

In 1918, the Danish Supreme Court confirmed a sentence passed by a lower court in  criminal case. Through its arguments for the confirmation, the Supreme Court introduced the concept of dolus eventualis, a form of intent, for the first time in Danish law. The chapter argues that the Supreme Court judges in 1918 were likely inspired by jurisprudential considerations of the period within the small Danish jurisprudential milieu, which again was particularly inspired by German jurisprudence. By introducing the not explicitly declared idea of dolus eventualis, the Supreme Court foresaw a change to forms of intent that would be made in the coming Criminal Act of 1930. The concept may very well have been known during the following decades, but it was nevertheless debated within jurisprudence and among criminal law experts and not used again before the late 1970s. What makes the concept of dolus eventualis in the 1918 judgment remarkable is the fact that this concept is the only criminal concept introduced by the Danish Supreme Court in recent times. The chapter explains why this may be the case, due to a Danish legal tradition characterized by a very cautious and conservative court in terms of introducing new concepts or legal ideas in order not to act as a legislative power.

Case law between the adoption of two criminal codes, Sweden 1864–1962 The definition of rape and aspects of criminal intent (Martin Sunnqvist)
Abstract:

This chapter discusses the development of criminal law through case law during the time of the Swedish 1864 Criminal Code. The main example is how rules relating to rape were interpreted by the Supreme Court. The first fully reported Supreme Court case about rape is from 1925. In this case and another from 1927, a heavy burden was placed on a woman to clearly resist the perpetrator, otherwise the crime would not be defined as rape. In 1937, the types of violence relevant for rape were widened. There was at first a hesitation within the courts how to draw the line between more or less lenient violence, but in two cases in 1937 and 1942, the Supreme Court marked a stricter view on rape than had dominated before. The chapter also discusses some types of cases where Supreme Court decisions from the 19th and early 20th centuries are still important.

Supreme Court of Finland's theft rulings in the context of crises and modernization (Esko Häkkinen)
Abstract:

The chapter examines the evolution of the Supreme Court of Finland’s approach to theft cases from the end of the 19th century to the 1970s, a period of rapid economic modernization and significant social change in Finland. General development of criminal justice and penal policy and the special role of theft in it as well as the history of the supreme administration of justice in Finland and previous research on its criminal justice role is depicted. An analysis of Supreme Court theft cases shows that the court actively updated and expanded the definition of theft in response to emerging forms of property crime. This was facilitated by the absence of a clear statutory definition of theft in the Finnish Criminal Code. In contrast to its activity in modernizing the interpretation of the meaning of theft, the court was passive in responding to the major shifts Finnish penal policy went through during the period. Despite the penal policy’s importance of theft as a high-volume crime treated severely by the Criminal Code, the court’s approach to theft cases remained largely unaffected by broader changes in penal policy.

Evolution of slander and libel in the Russian Empire and Soviet Russia (1870–1970) (Tatiana Alekseeva)
Abstract:

This chapter is devoted to the general problem of judicial influence on criminal law modification. The lack of legislative changes may not be directly related to the application of law. From a historical perspective, in Russia, it can be exemplified with slander and libel ("kleveta"). High courts interpreted all elements of this crime, specified details, and even changed their positions on the same matters. Although actus reus was not very far from the legislative wording of kleveta, the interpretation of mens rea finally became imprecise and unclear without bearing high courts’ decisions in mind.

Infidelity, legality, and Southern jurisprudence Title The newly established Georgia state Supreme Court and its contribution to adultery as a criminal offense (Julie Rocheton)
Abstract:

This chapter examines the jurisprudence of the Georgia Supreme Court regarding adultery as a criminal offense during its formative years (1846–1900). It explores how the court navigated societal values, legal codification, and the enforcement of morality while utilizing cases to assert its authority and legitimacy within Georgia’s evolving judicial landscape. Through an analysis of rulings, legislative developments, and contemporary newspapers, it highlights the tensions between codified law and community standards in defining personal behavior as a matter of public concern. By situating adultery laws within broader concerns of public order, gender norms, and racial dynamics, the chapter emphasizes the interplay between legality and cultural values. It reveals how the court’s reasoning aligned with legislative frameworks to crystallize adultery as a distinct criminal offense while negotiating the boundaries between legality and morality. This analysis positions the newly established Georgia Supreme Court as a vital site for reinforcing societal norms and shaping its institutional identity. This chapter provides new insights into Southern legal history, the intersection of private and public spheres, and the enduring influence of moral regulation on the development of American criminal law and jurisprudence.

Deterrence and criminal law. A first panorama on the application of Article 483 of the criminal law in Chilean Courts (1878–1887) (Macarena Cordero Fernández, Loris De Nardi)
Abstract:

The investigation explores the application of Article 483 of the Chilean Criminal Code between 1878 and 1887 that presupposed the guilt of a merchant if his premises were destroyed by fire. The historic context that motivated the inclusion of this regulation is examined, enhancing its deterrent function on frauds in fire insurances. In this regard, the expansion of the insurance industry and the increase in intentional fires at the time made it necessary to introduce a measure that would discourage the fraudulent practices. It should be added that the detection of fires, provoked or intentional, was complex mainly due to the lack of adequate appraisals. Despite the presumption of guilt established by the article, the analysis of the jurisprudence reveals that in practice the presumption of innocence prevailed. The judges only applied this article in very exceptional cases, which makes its ineffectiveness evident. The regulation, instead of being an effective punitive instrument, served to dissuade the merchants from using fire as a solution to their economic issues, demanding that they prove their innocence instead of the authorities proving their guilt. The study offers a vision that on one side reflects that this ruling constituted a legal innovation at the time and on the other, that its introduction in the XIX century codes reinforced the interests of the bourgeoisie, adapting the laws to new liberal ideas, in this case by means of a legal fiction to facilitate the resolution of difficult cases.

Read more here: DOI 10.4324/9781003633082.

 

BOOK REVIEW: William BARBEY on Elgar encyclopedia of comparative law edited by Jan M. Smits, Jaakko Husa, Catherine Valcke and Madalena Narciso (Comparative Legal History, XIII (2025), nr. 2)

(Image source: Taylor&Francis)

Reviewing a collective work, an encyclopaedia no less, is not an easy task. How do you start your reading? Is one supposed to read it from cover to cover, from the first to the last entry in the order of print? Or is one to focus on the most important entries (and in that case how does one select them)? Put in another way: how can a single reviewer do justice to the work of more than 200 eminent scholars?

I once read that in order to criticise a book, you do not have to read all of it: like the cooking of a steak, one bite is all it takes to tell if the chef was off his game. Nonetheless if the dish is properly made, and if you enjoy even your greens, you will probably be more than tempted to order a pudding.

Not entirely sure of the merit of such a method, I narrowed down a few entries (as if selecting from a menu) according to my own fields of interests (eg ‘comparative jurisprudence’, ‘legal families’, ‘legal history and comparative law’, ‘codification’, ‘estoppel’, ‘trust law’, ‘subjective right(s)’) and out of curiosity (eg ‘Islamic law’, ‘gift’, ‘Iceland’). And so, I dived right into it – just to see if it would satisfy my appetite.

After a while, the many cross-references guided me towards more and more new entries I had at first neglected. And being in the habit to look up words in a (printed) dictionary only to forget the one word I was looking for in the first place (having encountered numerous more interesting definitions in the meantime), I ended being quite astray from my original path, transported to other times and other places: ‘Constitutional Court (Germany)’, ‘lex mercatoria’, ‘Europe small jurisdictions (Andorra, Liechtenstein, Monaco)’, ‘supervening events and force majeure’.

For a scholar, to be lost in the material is not a curse but a gift. It is the very essence of comparative research: discovering and revealing connections between per se unrelated themes or jurisdictions. One has to be curious and willing to confront oneself to unknown territories (‘it is simply impossible to master all methods that are needed in order to explore all the law at all times and places’, writes Agustín Parise, vol 1, 359). Above all it demands to go beyond one’s comfort zone.

To read the full review, please click here. Online access is free for members of the European Society for Comparative Legal History.

DOI: 10.1080/2049677X.2025.2580119

BOOK: Edern DE BARROS, Condillac et Mably. Deux frères théoriciens d'une démocratie tempérée [Politique de l'Esprit] (Paris: Mare & Martin, 2025), 510 p. ISBN 978-2-36222-137-8, € 45

 

(image source: Mare & Martin)

Abstract:

Condillac (1714-1780) et Mably (1709-1785) sont deux frères dont l’influence sur la Révolution française fut considérable. Figures majeures des Lumières, ils furent durablement séparés par l’historiographie depuis 1789. Condillac, associé aux Idéologues, serait le père du libéralisme français ; Mably, figure de la démocratie égalitaire, un précurseur du communisme. Cette étude déconstruit cette opposition et révèle leur républicanisme libéral commun. À la croisée du droit, de l’histoire et de la philosophie, l’ouvrage articule trois volets : une méthode empiriste fondée sur le lien entre droit naturel et histoire ; une théorie politique de la « démocratie tempérée » fondée sur la souveraineté populaire ; et une critique du « despotisme légal » des physiocrates, au nom d’une liberté économique républicaine. Appuyé sur une lecture comparée de leurs oeuvres complètes, ce livre renouvelle en profondeur notre compréhension des Lumières.

Read more with the publisher. 

VACANCIES (1 POSTDOC, 1 PHD): "History of Ethics and Law of Responding to Suffering" (Virpi MÄKINEN) University of Helsinki/Faculty of Theology (DEADLINE 17 DEC 2025)

(image source: Helsinki University)

The Research Council of Finland funded centre of excellence in Meliorist Philosophy of Suffering (leader: Sami Pihlström) announces fixed-term employment (doctoral researcher and postdoctoral researcher) in legal history/history of ethics.

The positions are placed in the work package "History of Ethics and Law of Responding to Suffering", lead by Virpi Mäkinen (University of Helsinki).

For more information, please see:

Doctoral researcher: https://jobs.helsinki.fi/job-invite/4561/

Postdoctoral researcher: https://jobs.helsinki.fi/job-invite/4565/

BOOK: Mark Philip BRADLEY (eds.), The Cambridge History of America and the world (Cambridge: CUP, 2022 [paperback 2025]), ISBN 9781108419208

(image source: CUP)

Abstract:

The Cambridge History of America and the World offers a transformative account of American engagement in the world from 1500 to the present. Representing a new scholarship informed by the transnational turn in the writing of US history and American foreign relations, the four-volume reference work gives sustained attention to key moments in US diplomacy, from the Revolutionary War and the Monroe Doctrine to the US rise as a world power in World War I, World War II and the Cold War. The volumes also cast a more inclusive scholarly net to include transnational histories of Native America, the Atlantic world, slavery, political economy, borderlands, empire, the family, gender and sexuality, race, technology, and the environment. Collectively, they offer essential starting points for readers coming to the field for the first time and serve as a critical vehicle for moving this scholarship forward in innovative new directions. 

Contents:

Table of Contents Volume I. 1500–1820 Edited by Eliga Gould, Paul Mapp and Carla Gardina Pestana Volume II. 1820–1900 Edited by Kristin Hoganson and Jay Sexton Volume III. 1900–1945 Edited by Brooke L. Blower and Andrew Preston Volume IV. 1945 to the Present Edited by David Engerman and Max Paul Friedman. 

On the editors:

Mark Philip Bradley is the Bernadotte E. Schmitt Distinguished Service Professor of History at the University of Chicago. He is the author of The World Reimagined: Americans and Human Rights in the Twentieth Century, Vietnam at War, and Imagining Vietnam and America: The Making of Postcolonial Vietnam. He is recipient of fellowships from the John Simon Guggenheim Memorial Foundation, the American Council of Learned Societies, and the National Endowment for the Humanities. 

Read more here. 

BOOK: Marjoleine KARS, Michael A. MCDONNEL & Andrew M. SCHOCKET (eds.), The Cambridge History of the American Revolution (Cambridge: CUP, 2025), 3 vol. ISBN 9781108496629, 400 USD

 

(image source: CUP)

Abstract:

Those interested in the American Revolution-whether it be history buffs, undergraduates, teachers, or specialists-will find this collection provocative, informative and educational. Featuring almost ninety chapters by renowned and upcoming scholars, this three-volume collection considers the astonishing diversity of Revolutionary experiences: from silk-wearing legislators to starving Senecas, enslaved tobacco pickers to enraged tenant farmers, free black soldiers to struggling white seamstresses, mobile Tuscarora families to ambivalent sailors, and radical scribblers to reactionary preachers. It will cover the Revolution's earliest roots to its full fruit. In addition to important broad, topical essays, the volumes spotlight shorter yet innovative “viewpoints” that reveal the Revolution's drama on a human scale, telling the compelling stories of individuals, families, events, and objects. Accessible and authoritative, The Cambridge History of the American Revolution will be the chief reference text on the American Revolution for years to come.

 Table of contents:

Volume I. Revolutionary Contexts Volume II. Revolution Volume III. Continuities, Changes, and Legacies.

 On the editors:

Marjoleine Kars , Massachusetts Institute of Technology Marjoleine Kars is a Senior Scholar at the Massachusetts Institute of Technology (MIT), and Professor Emerita at the University of Maryland, Baltimore County. She is the author of Breaking Loose Together: The Regulator Rebellion in Pre-Revolutionary North Carolina (2003) and Blood on the River: A Chronicle of Mutiny and Freedom on the Wild Coast (2022). Her work has won numerous prizes, including the Cundill History Prize and the Frederick Douglass Book Prize. Michael A. McDonnell , University of Sydney Michael A. McDonnell is Professor of History at the University of Sydney. He is the author of two prize-winning books, Masters of Empire: Great Lakes Indians and the Making of America (2024) and The Politics of War: Race, Class, and Conflict in Revolutionary Virginia (2012). He has served as a Distinguished Lecturer for the Organization of American Historians (OAH). Andrew M. Schocket , Bowling Green State University Andrew M. Schocket is Professor of History and American Culture Studies at Bowling Green State University. He is the author of Founding Corporate Power in Early National Philadelphia (2007) and Fighting over Founders: How We Remember the American Revolution (2015). He is co-director of the Magazine of Early American Datasets.

Read more here. 

CALL: Positions on the Editorial Board (Comparative Legal History; DEADLINE 15 JAN 2026)

 

 

Journal Comparative Legal History

 

Call for Positions on the Editorial Board

 

Deadline: 15 January 2026

 

 

The European Society for Comparative Legal History (ESCLH) is seeking applications for positions on the editorial board of its flagship journal, Comparative Legal History, including at least an articles editor and a reviews editor.

 

Evidence of scholarly ability, experience in editing or a willingness to learn quickly, willingness to contribute to journal projects beyond the narrow scope of the job title, and membership (or a commitment to become a member if appointed) of the ESCLH are requirements. Full training in the journal’s processes will be provided as needed.

 

You would contribute to the advancement of comparative legal history as part of a warm, supportive, and dedicated team.

 

The journal is an official academic forum of the ESCLH. It was first published in 2013 and aims to offer a space for the development of comparative legal history. The journal welcomes contributions that explore law in different times and jurisdictions from across the globe.

 

Applications, indicating to which position/s is being applied, with a brief cover letter and short CV (no more than 4 pages) should be sent to Luisa Brunori (Vice-President of the ESCLH), at luisa.brunori@ens.psl.eu, by 15 January 2026.

 

The ESCLH particularly welcomes applications from people underrepresented in academia generally, and in the ESCLH and the journal particularly.

 

These positions are not paid.

 

SEMINAR: Catherine VOLPILHAC-AUGER, "Montesquieu et les "exilés"" (Séminaire Parlement(s) et cours souveraines, 12 DEC) [HYBRID]

 

(image source: Parlementdeparis dot hypotheses)

Séminaire Parlement(s) et cours souveraines

La prochaine séance du séminaire “Parlement(s) et cours souveraines”  aura lieu :

                                      Vendredi 12 décembre 2025 (16h30-18h30)

Catherine VOLPILHAC-AUGER (ENS Lyon, IHRIM, UMR 5317), « La grande crise de 1753 : Montesquieu et les parlementaires exilés à Bourges  ».

Répondant : Thibault BARBIEUX ( Université Versailles -Saint Quentin)

Le séminaire se tiendra dans les locaux de l’Institut d’Histoire du Droit-Jean Gaudemet (salle Administration ou salle Collinet, selon la disponibilité), 4 rue Valette, 75005 Paris, esc. de gauche sous le hall, 3e étage.

Voici le lien de connexion ZOOM pour toutes les personnes qui ne pourraient pas se déplacer à l’Institut, sachant que nous vous remercions, lorsque vous le pouvez bien sûr, de privilégier la présence dans nos locaux.

Participer à la réunion Zoom

https://us02web.zoom.us/j/83968347357?pwd=z1uP60q7oK5ekpzbYAEmqnF8M5Wtzk.1

ID de réunion: 839 6834 7357

Code secret: 35560

(source: Parlementdeparis)

SERIES: Émigrés européens - des récits oubliés/Auswandern! Deutsche Schicksale aus drei Jahrhunderten (arte.tv)

 

(image source: arte)

Arte devotes a series of three episodes to migration, including the legal aspects.

Abstract (French):

C’est l’histoire de l’une des plus grandes migrations européennes. Celle de gens fuyant la misère ou les persécutions et espérant une vie meilleure. Ils vont descendre les fleuves du Rhin et du Danube, du XVIIe siècle jusqu'au lendemain de la première guerre mondiale, et vont peupler des contrées en Amérique, dans l’Est de l’Europe, en Russie et sur le continent africain.

Abstract (German):

Deutsche Auswanderer haben – im Guten wie im Schlechten – die Welt geprägt. Was 1618, zu Beginn des 30-jährigen Krieges am Rhein begann, wird zur Geschichte einer Migration über drei Jahrhunderte und vier Kontinente. Millionen Deutschsprachige flohen vor Verfolgung, Hunger und Kälte, suchten in der Ferne ein besseres Leben – und wurden dabei oft zu Spielbällen im Machtkampf um neue Territorien. Eine Geschichte von Hoffnung, Flucht und Neuanfang.

Watch all episodes for free here. 

INTERVIEW: François WAQUET, "Le droit romain à l’origine de la légitimité politique occidentale" (Paris: Collège de France)

 

(image source: Collège de France)

Introduction:

Comment les monarques européens ont-ils légitimé leur pouvoir pendant des siècles ? Au cœur de cette question se trouve un héritage souvent méconnu, mais décisif, celui du droit romain. Bien après la chute de l’Empire romain, cette tradition juridique a servi de socle intellectuel et institutionnel aux monarchies européennes. Elle a fourni des outils de gouvernement et une rhétorique de légitimation qui ont traversé les âges jusqu’à constituer les fondements de notre système politique contemporain. Rencontre avec François Waquet*, historien du droit romain au Collège de France.

On the interviewee:

François Waquet est chercheur en histoire du droit romain sur la chaire Droit, culture et société de la Rome antique du Pr Dario Mantovani.

Read the full interview here. 

VACANCY: University assistant predoctoral [Chair for Globalisation and Legal Pluralism, Department of Legal and Constitutional History] (Wien: Universität Wien, DEADLINE 21 DEC 2025)

 

(image source: Uni Wien)

The University of Vienna is a community of almost 11,000 individuals, including approximately 7,700 academic staff members, who passionately pursue answers to the profound questions that shape our future. They represent individuals driven by curiosity and a relentless pursuit of excellence. With us, they find the space to try things out and unfold their potential. Are you inspired by their passion and determination? We are currently seeking a/an

 

University assistant predoctoral 

34 Faculty of Law  

Job vacancy starting: 01.01.2026 | Working hours:  30,00  | Classification CBA: §48 VwGr. B1 Grundstufe (praedoc) 

Limited contract until: 31.12.2029

Job ID: 4931

There are many good reasons to become involved in research and teaching at the University of Vienna. One reason in particular why some 7,700 academics have joined this university is that they thrive on curiosity and continuous exploration in their quest for scientific achievement. Do you feel the same? Then join our team!

Your future position:

As a predoc university assistant, you will join the team of Prof. Dr. Lena Foljanty, Chair for Globalisation and Legal Pluralism, at the Department of Legal and Constitutional History. The chair’s research deals with globalisation processes in law from a historical perspective. We are particularly interested in PhD projects on colonial and decolonial processes, colonial epistemologies, transculturality, and critical examinations of Eurocentric historiography. Projects that bridge the gap between historical and current challenges are also welcome, provided that they include a legal history aspect.

The duration of employment is 4 years. Initially limited to 1.5 years, the employment contract is automatically extended to 4 years if the employer does not terminate it within the first 12 months by submitting a non-extension declaration.

Your future tasks:

You will be actively involved in research, teaching and administration, which means:

• You will be involved in research and publication projects.
• We expect you to conclude your dissertation agreement within 12-18 months.
• You will work on your dissertation and its completion.
• You will hold courses independently in accordance with the provisions of the collective bargaining agreement.
• You will take on administrative tasks in research and teaching.

Your profile:

• Completed Master's degree or diploma in law or in a neighbouring discipline, e.g. history, social sciences, cultural and social anthropology (or equivalent qualification)
• Excellent command of English and/or German, ability to express yourself well in writing and speaking
• Knowledge of further languages for research on intercultural topics would be an advantage.
• You must be able to contribute to the chair's research and the department's teaching obligations.
• You should be a team player with good social and communication skills.
• IT user skills (MS Office, Moodle, Zoom)
• Preferably basic experience in teaching and in academic writing and research methods, as well as familiarity with the processes and structures of a university

What we offer:

Work-life balance: You will have flexible working hours and can work from home part of the time. 

Inspiring working atmosphere: You will be part of an international team in a casual working environment.

Good public transport connections: Your workplace is easily accessible by public transport.

Internal further training: We provide opportunities to continually expand and develop your skills.

Fair salary: The basic salary of EUR 3,714,80 (for full-time work) increases if you have relevant prior work experience.

Equal opportunities for all: We welcome every new personality to the team!

 

How to apply:

• With your academic CV/letter of intent
• With a summary of your research interests/PhD project proposal (max. 2 p.)
• Certificate of completion of your Master's degree/Diploma
• Proof of further qualifications where appropriate
• Via our job portal/Apply now button

 

If you have any questions, please contact:

Lena Foljanty  

lena.foljanty@univie.ac.at

 

We look forward to new personalities in our team! 
The University of Vienna has an anti-discriminatory employment policy and attaches great importance to equal opportunities, the advancement of women and diversity. We place particular emphasis on enhancing women’s representation among the academic and general university staff, particularly in leadership roles, and therefore expressly encourage qualified women to apply. Given equal qualifications, preference will be given to female candidates.

 

University of Vienna. Space for personalities. Since 1365.

 

Application deadline: 21.12.2025

(more information here)

BOOK: Ulrike LUDWIG & Quentin VERREYCKEN (eds.), The Power to Pardon in Medieval and Early Modern Christian Europe [Einheit & Vielfalt im Recht/Legal Unity & Pluralism, eds. Ulrike LUDWIG & Peter OESTMANN, 6] (Wien: Böhlau, 2025), ISBN 978-3-412-53386-1 [OPEN ACCESS]

 

Abstract:

In medieval and early modern Christian Europe, the power to exercise pardon over rigor of justice was one of the strongest manifestations of sovereignty and, as such, it was almost ubiquitous. For merciful rulers, pardoning was a means to enforce peace and assert the supremacy of their judicial authority, whereas for subjects, it was primarily a way to save their lives and escape punishment, often at a lower cost than other mitigating practices. Studying the predominant role of pardon in medieval and early modern societies, this collective volume examines how pardons operated within complex legal systems marked by a plurality of legal orders, where various means of conflict resolution coexisted and litigants had to navigate multiple levels of authorities.

On the editors:

Ulrike Ludwig is a university professor of early modern history at the University of Münster and co-director of the Käte Hamburger Kolleg ‘legal Unity and Pluralism’; Quentin Verreycken is a postdoctoral researcher at the University of Louvain.

 Read the full book here: DOI 10.7788/9783412533861.

BOOK: Nicolas BELL-ROMERO, The University of Cambridge in the Age of Atlantic Slavery (Cambridge: CUP, 2025), ISBN 9781009652544, 35 GBP [OPEN ACCESS]

 

(image source: CUP)

Abstract:

In this powerful history of the University of Cambridge, Nicolas Bell-Romero considers the nature and extent of Britain's connections to enslavement. His research moves beyond traditional approaches which focus on direct and indirect economic ties to enslavement or on the slave trading hubs of Liverpool and Bristol. From the beginnings of North American colonisation to the end of the American Civil War, the story of Cambridge reveals the vast spectrum of interconnections that university students, alumni, fellows, professors, and benefactors had to Britain's Atlantic slave empire - in dining halls, debating chambers, scientific societies or lobby groups. Following the stories of these middling and elite men as they became influential agents around the empire, Bell-Romero uncovers the extent to which the problem of slavery was an inextricable feature of social, economic, cultural, and intellectual life. This title is also available as open access on Cambridge Core.

On the author:

Nicolas Bell-Romero , Tulane University, Louisiana 

Read the book here: DOI 10.1017/9781009652582.

BLOG: New Global Legal History Blog ANT.E (Areas – Norms – Time, Entangled) (Wien: Universität Wien)

 We received the following announcement:

We are happy to announce the launch of our blog ANT.E at ante-blog.univie.ac.at.

ANT.E is Areas – Norms – Time, Entangled.

ANT.E is a blog and an international platform for discussion and scientific exchange.

ANT.E looks at processes of the globalization of law from a historical perspective, focusing on the experiences of the Global South.

ANT.E wants to bridge the past and the future and to challenge Western, post-/semi-colonial narratives.

ANT.E discusses topics from different perspectives in brief essays by researchers from various fields, tying them together in colloquies.

Our first colloquy on “Unseen Agencies of Transformation” features contributions by Ivelina Masheva, Surutchada and Adam Reekie, Hailegabriel Gedecho Feyissa, and an introductory comment by Makiko Hayashi.

Join us as a reader and/or contributor – contact us at ante.rg@univie.ac.at.

We look forward to hearing from you!

 

The ANT.E publishers and team

ENCYCLOPEDIA: Alain COLLIGNON & Dirk LUYTEN, "Henri Rolin" (BelgiumWII)

 

(image: Henri Rolin as President of the Belgian Senate; source: Belgian Senate)

Alain Collignon and Dirk Luyten (both Belgian State Archives/CegeSoma) published a new biographic lemma on Henri Rolin (1891-1973): lawyer, Professor, diplomat at the UN, judge at the European Court of Human Rights and prominent politician in Belgium (Senator, Minister of Justice).

Read the article here.

BOOK: Michela BARBOT, Les règles de la valeur. Les prix et l'estimation au prisme du droit (XVIIe-XVIIIe siècle) [Études d’histoire du droit et des idées politiques, ed. Florent GARNIER; 36] (Toulouse: Presses de l'Université Toulouse Capitole, 2025), 235 p. ISBN 9782379281396 [OPEN ACCESS]

(image source: OpenEdition)

Abstract:

Comment les prix et la valeur étaient-ils appréhendés par les juristes de l’époque moderne ? Et quel était le statut juridique accordé aux opérations d’estimation ? Alors que ces questions ont été essentiellement abordées sous le prisme des notions forgées par les canonistes de la Seconde Scolastique espagnole, cet ouvrage se concentre sur un terrain d’étude très peu exploré dans cette perspective : il s’agit du droit civil français et italien du XVIIe et XVIIIe siècle. Menée à partir de sources documentaires de nature différente (ouvrages, traités, dictionnaires, recueils de jurisprudence, procès-verbaux d’expertise, règlements, ordonnances, manuels d’estimation), cette enquête croise l’histoire de la pensée, des normes et des pratiques pour s’intéresser, à la fois, aux qualifications juridiques élaborées en matière de prix et de contrats, aux procédés d’évaluation formalisés et adoptés par les estimateurs, aux règles législatives et coutumières qui encadraient ces opérations, ainsi qu’aux conditions institutionnelles qui en assuraient la légitimité. En adressant la question des prix et de l’estimation à partir de leur dimension contractuelle et procédurale, cette analyse comparée permet non seulement de questionner la prétendue universalité du lexique économique néo-scolastique, mais aussi, et surtout, d’observer la pluralité des solutions légales et politiques qui ont été apportées à un même défi : celui de réduire les incertitudes sur les prix afin de favoriser la correcte formation et exécution des engagements juridiques dans lesquels ils sont fixés.

On the author:

Historienne de l’économie et du droit, Directrice de Recherche au CNRS et Professeure attachée en sciences humaines et sociales à l’École normale supérieure Paris-Saclay.

Read more here DOI 10.4000/14r35.

BOOK: Lauri MÄLKSOO, Russia, the Soviet Union, and Imperial Continuity in International Law (Oxford: Oxford university press, 2025), ISBN 978019895593

 

(image source: OUP)

Abstract:

This book, a sequel to the author’s Russian Approaches to International Law (OUP, 2015), presents the history of international law in Russia and the Soviet Union, from the perspective of Russia’s imperial doctrines and practices in international law. Starting from the expansion of Muscovy in the sixteenth century and connecting the discussion with the Russo–Ukrainian war of our time, the book discusses key Russian international lawyers and their arguments against the backdrop of the Russian and Soviet history and territorial expansions. International legal doctrines such as regarding the termination of treaties (clausula rebus sic stantibus), state identity and continuity, right of peoples to self-determination, balance of power, and special status of great powers are discussed throughout the book, in the context of different historical periods. The imperial views of leading Russian and Soviet international lawyers such as Feodor Martens, Evgeny Korovin, Evgeny Pashukanis, Fedor Kozhevnikov, and Grigory Tunkin are discussed in detail. The book challenges the view that Tsarist Russia was a semi-peripheral power in the context of European international law. The book also challenges Lenin’s concept of imperialism—namely that it is the last stage of capitalism. The book maps the history of the Russian Empire and the Soviet Union in the context of international legal arguments and ideas which facilitated the continuity of the Russian Empire. By doing this, the book offers a new account of the global history of imperialism in international law by which imperialism is not tied primarily to West European Empires. The book makes extensive use of original resources from Russian and Soviet literature on international and constitutional law.

Read more here: DOI 10.1093/9780198955962.001.0001.

ARTICLE: Paolo AMOROSA, "Before Integration through Law: Cappelletti and Calamandrei on Judicial Review as Social Justice, 1944–1957", European Constitutional Law Review XXI (2025), nr. 3 [OPEN ACCESS]

(image source: CUP)

Abstract:

The intellectual legacy of Cappelletti and Calamandrei – envisioning judicial review as an instrument of social justice – the post-war project of substantive legality – groundwork for the Integration through Law project – the EU’s neoliberal turn – the European Court of Justice’s entrenched market constitutionalism – the elusive goal of a Social Europe

Read more here  (open access): 10.1017/S1574019625100849

BOOK: Georgios GIANNAKOPOULOS, The interpreters. British internationalism and empire in southeastern Europe, 1870-1930 (Manchester: Manchester University Press, 2025), ISBN 9781526160133, 85 GBP

 

(image source: Manchester University Press)

Abstract:

The book offers a new interpretation of the cultural and intellectual exchanges between Britain and southeastern Europe in an age of imperial transformation. It considers systematically the question of the management of ethnic difference in multinational imperial states as diverse as Britain, Austria-Hungary and the Ottoman Empire. It traces the regional experiences and impact of British scholars and public intellectuals steering through competing nationalisms and translating regional national questions to British and international audiences. The emphasis on past attempts to reconcile liberal democracy and nationalism with imperial rule continues to resonate in our day as intellectuals confront the challenges presented the rise of ethno-nationalist politics and shifting place of Britain in Europe.

On the author:

Georgios Giannakopoulos is Senior Lecturer in Modern History at City St George's, University of London.

Read more here. 

JOURNAL COMPARATIVE LEGAL HISTORY: David Schorr (Tel Aviv) Appointed New Editor

  

Journal Comparative Legal History

 David Schorr Appointed New Editor

The European Society for Comparative Legal History (ESCLH) is delighted to announce that David Schorr will be the new Editor for its flagship journal Comparative Legal History.

 

David Schorr will start his term as Editor on 1 January 2026. David is currently one of the Reviews Editors of the journal, and a Senior Lecturer at Tel Aviv University. He has a wealth of experience in comparative legal history, with a particular expertise in environmental legal history in and across multiple jurisdictions.

 

The position of editor is currently held by Agustín Parise, who is standing down to become President of the ESCLH. Agustín has been involved with the journal since its conception, acting subsequently as Reviews Editor and Articles Editor. The ESCLH thanks Agustín for his years of work for the journal.

 

Seán Patrick Donlan was the first Editor of the journal. Heikki Pihlajamäki was the second Editor, having previously held the position of Articles Editor. The journal is an official academic forum of the ESCLH. 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.