(click on image to enlarge)
Organising committee: Niels de Bruijn, Monique Deutekom, Harry Dondorp, Jan Hallebeek (chairman), Hylkje de Jong and Martijn Pouw
Sponsors: Faculty of Law, VU University;Chair of Legal History, Faculty of Law, VU University; Chair of European Legal History, Maastricht University; Department of Legal Theory and Legal History, VU University; VU University Press; Baker & McKenzie
Programme
Monday, 9 July 2012
10.00-12.30 ESCLH
Executive Committee Meeting (Initium 2A-45) 12.00-13.30 Registration
(Conference Desk, Main Building)
12.00-13.30 Coffee/tea
(Reception Hall Campus Side, Main Building) 12.45-13.15 General Assembly members ESCLH (Auditorium)
13.30-14.00 Plenary Opening Session (Auditorium,
Main Building) Address by Aniceto Masferrer, President of the ESCLH Address by
Eberhard van der Laan, Mayor of Amsterdam
14.00-14.45 Plenary Session: Keynote Address by David
Ibbetson, Regius Professor of Civil Law at the University of Cambridge
(Auditorium, Main Building)
15.00-16.30 Parallel Sessions
(Main Building)
16.40-16.55 Coffee/tea
(Reception Hall Campus Side, Main Building) 17.00-18.30 Parallel
Sessions (Main Building)
18.45-19.45 Drinks (Hortus
Botanicus)
20.00-22.30 Conference Dinner-Buffet (The Basket)
Tuesday, 10 July 2012
08.30 Conference Desk (Main Building) opens 09.00-10.30 Parallel Sessions (Main Building)
10.40-11.10 Coffee/tea
(Reception Hall Campus Side, Main Building) 11.20-12.50 Parallel
Sessions (Main Building)
13.00-13.35 Plenary Panel Discussion (Auditorium, Main Building)
- Nils Jansen, Professor
of Legal History, University of Münster
- Kjell Å
Modéer, Emeritus Professor of Legal History,
Univer-sity of Lund
- Jonathan Rose, Professor
of Law, Arizona State University
- Wouter Veraart (chairman), Professor of Legal Philosophy,
VU University
13.45-13.45 Plenary Closing Session (Auditorium, Main Building) 14.10-15.30 Lunch
(Oliver’s at the Zuidas)
18.00-20.00 Round Trip of the Amsterdam Canals (City Centre)
Programme - Parallel Sessions
Monday 9 July 2012 3PM
1. Definitions and Challenges I
(Venue: Main Building 2A05)
Reflexions on the methodological problems of comparative legal history,
specifically the comparativeness of concepts derived from Roman law.
-
Chair: Kjell Å Modéer (University of Lund)
- Arne Jarrick & Maria Wallenberg Bondesson
(Stockholm University) - Flexible comparativeness. Towards better
cultural-historical methods for the study of law codes and other aspects of
human culture.
- Barbara Biscotti (University of
Milano-Bicocca) - The challenge of definitions between Roman tradition and
contemporary law. Fluid law or liquid law?
- Andrea Katancevic (International Max Planck Research School for Comparative Legal History) - Roman and modern legal terminology. Temptations and dangers.
- Harry Dondorp (VU University Amsterdam) - A medieval
problem of prescription which
could not be solved by the Roman
rules for prescription.
2. Fascist Criminal
Law I: Italian Fascism and Criminal Law: Meanings and
Distinctions (Venue:
Main Building 2A06)
These papers address fundamental questions about the particularities of criminal
law and criminal justice under Italian Fascism.
The papers engage with the question of Fascist criminal law's distinctiveness, in terms of its foundations and its
relationship with other periods in
Italian history and other legal
orders.
-
Chair: Stephen Skinner (University of Exeter)
- Luigi Lacchè (University of Macerata) -
Justice and politics in Italian fascist criminal law.
- Michael Livingstone (Rutgers-Camden School of Law) - Criminal law, racial law, fascist law. Was the fascist era really a 'parenthesis' for the Italian legal system?
- Emilia Musumeci (University of Catania) - The positivist school of criminology and fascist criminal law. A squandered
legacy?
- Diego Nunes (University of Macerata) - Extradition in fascist Italy (1922-1943) and in Brazil of Getúlio Vargas (1930-1945) between the ascension of 'fascist criminal law' and the survival of the liberal tradition in criminal law
3. CORPORATE LAW I: LAW IN CONTEXT, JURIDIFICATION, STATE AS CORPORATION
(VENUE: MAIN BUILDING 4A04)
- Chair: Dave De ruysscher (University of Antwerp/Vrije Universiteit Brussel)
- Bruno Debaenst (University of Ghent) - The process of juridification of labor accidents in a comparative legal historical perspective.
- Juliana Latifi (University Justicia, Tirana) - Law on commercial companies. The past and present. Albania case.
- Stefano Vinci (University of Bari Aldo Moro, Taranto) - The legislation of social security for the workers during the Fascism in Italy.
- Olga Achón (University of Barcelona) - Anti nomadism laws. The comunitarization of the labor relations in Spain.
4. CONSTITUTIONAL LAW, 19TH 20TH CENTURIES (VENUE: MAIN BUILDING 5A02)
- Chair: Heikki Pihlajamäki (University of Helsinki)
- Judit Beke-Martos (Eötvös Loránd University Budapest) - A comparison of the American presidential inauguration and the Hungarian coronation. Power-transferring procedures and ceremonial legitimization (1867-1918).
- Riccardo Cavallo (University of Catania) - Fascist legal theory through the eyes of the German jurist Hermann Heller.
- Nir Kedar (Bar-Ilan University) - Comparative legal history in action. The story of the absent Israeli Constitution.
- George Devenish (University of KwaZulu-Natal) - Cutting the apron strings. A comparison between the two manifestations of decolonisation in the South African constitutional experience.
5. LEGAL PROCEDURE AND LITIGATION, MIDDLE AGES AND 20TH CENTURY (VENUE:
MAIN BUILDING 5A06)
- Chair: Remco van Rhee (Maastricht University)
- Jonathan Rose (Arizona State University) - Maintenance in medieval England.
- Jukka Kekkonen (University of Helsinki) - Judicial repression after Finnish (1918) and Spanish (1936-1939) civil wars. A comparative analysis.
- Natalie Davidson (Tel Aviv University) - The Swiss and German holocaust litigation. Two roads for transnational structural reform.
- Dovilè Sagatiené (Mykolas Romeris University) - The independence of judges in Soviet Lithuania in 1940-41.
Monday 9 July 5PM
1. DEFINITIONS AND CHALLENGES II (VENUE: MAIN BUILDING 2A05)
Comparativeness of notions and concepts: examples from the constitutional and
private law of the 19th and 20th centuries: laesio majestatis, constitutionalism,
direct democracy and real security.
- Chair: Jonathan Rose (Arizona State University)
- Bram Delbecke (Catholic University Louvain) - Comparative legal history and modern constitutionalism.
- Manuel Gutan (University Lucian Blaga of Sibiu) - The challenges of comparative constitutional history in contemporary Romania.
- László Komáromi (Pázmány Péter Catholic University Budapest) - Popular rights between the World Wars. The case of Germany and Estonia.
- Tomislav Karlovic (University of Zagreb) - Definition of fiducia and its influence in comparative legal perspective.
2. FASCIST CRIMINAL LAW II: FASCIST CRIMINAL LAW AND DEMOCRACY.
CONTINUITIES AND TENSIONS (VENUE: MAIN BUILDING 2A06)
This panel engages with the relationships among criminal law, justice and
democracy, after and in relation to Fascism. The papers consider Italian experience after the Second World War, both in its domestic specificity and comparatively, as well as other examples of constructing criminal justice between democratic and anti-democratic principles.
- Chair: Luigi Lacchè (University of Macerata)
- Stephen Skinner (University of Exeter) - Fascist law or good law? The Italian Penal Code and academic commentary after 1943.
- Michela Ponzani (Deutsches Historisches Institut in Rom) - A contradictory transition. Post-war trials against fascist collaborators and partisans in Italy after 1945.
- Marin Sedman (University of Tartu) - Non-democratic penal law in a democratic state. Estonian experience with the instrument of military penal law, 1918-1940.
- Ely Aharonson (University of Haifa) - Determinate sentencing in Europe and America. A Ccmparative historical analysis.
3. CORPORATE LAW II: CORPORATION, INTERNAL ORGANIZATION, COMPARATIVE
METHOD (LAW IN CONTEXT) (VENUE: MAIN BUILDING 4A04)
- Chair: Albrecht Cordes (Goethe University Frankfurt/M)
- Matthijs de Jongh (Supreme Court, The Hague) & Stefania Gialdroni (Roma Tre)
- The relation between shareholders and board in the English East India Company,
the Dutch VOC and the French Compagnie des Indes Orientales
- Ron Harris (Tel Aviv University) - The Birth of the Corporation: East and West.
- Andreas Fleckner (MPI für ausländisches und internationales Privatrecht, Hamburg) - Comparative Company Law History - Methods, Techniques, Approaches.
4. LAW AND COLONIES, 19TH-20TH CENTURIES (VENUE: MAIN BUILDING 5A02)
- Chair: Adolfo Giuliani (Università di Perugia)
- Seán Patrick Donlan (University of Limerick) - Laws and norms in Spanish West
Florida, c. 1803-1810.
- Marie Seong-Hak Kim (St. Cloud State University/Collegium de Lyon) - Customizing customary law. Custom and legal change in European and East Asian history.
- Ananda Burra (University of Michigan) - International legal personality in a comparative frame. Anti-colonial agency and the permanent mandates commission's individual right to petition
- Judith Rowbotham (Nottingham Trent University) - The good of the people is the greatest law (Cicero). Modifying European concepts of crime and punishment for colonial consumption.
- Judith Rowbotham (Nottingham Trent University) - The good of the people is the greatest law (Cicero). Modifying European concepts of crime and punishment for colonial consumption.
5. FEUDAL LAW, FAMILY LAW AND LAW OF SUCCESSION (VENUE: MAIN BUILDING
5A06)
- Chair: Harry Willekens (University of Hildesheim)
- Elia Marzal (ESADE Law School Barcelona) - The recognition of freedom of movement to seigneury peasants and the 'política forera' of the Leonese kings
- Marek Stus (Jagiellonian University Kraków) - Revolution in the shackles of tradition. Matrimonial property law in the legal policy of the European countries in the 20th century.
- Marita Carnelley (University of KwaZulu-Natal) - The laws relating to adultery, comparing the development of the South African Common Law Principles with the development in English law.
- Mia Korpiola (Helsinki Collegium for Advanced Studies) - Experimenting with transplantation. Primogeniture and fideicommissum in early modern Sweden and Russia.
Tuesday 10 July 2012, 9AM
1. DEFINITIONS AND CHALLENGES III (VENUE: MAIN BUILDING 2A05)
Comparativeness of notions and concepts: examples from family law. Teaching comparative legal history.
- Chair: Nils Jansen (University of Münster)
- Ethan Zadoff (Medieval Academy of America) - Therefore a man shall leave his father and mother and be joined to his wife: Medieval Jewish marriage and comparative legal studies.
- Harry Willekens (University of Hildesheim) - Comparing Roman family law to contemporary Western family law. Does it make sense and what can it teach us?
- Agustín Parise (University of Buenos Aires/Maastricht University) - Comparative legal history and Latin-American legal education. Expanding definitions and challenges to the New World.
- Henrik Forshamn (Universities of Helsinki and Uppsala) - Who ought to teach comparative legal history?
2. FASCIST CRIMINAL LAW III: CRIMINAL LAW IN NAZI GERMANY AND OCCUPIED
STATES (VENUE: MAIN BUILDING 2A06)
This set of papers address criminal law in the context of National Socialism, in Germany and in systems under Nazi occupation or control. The panellists discuss the conceptual construction and problematization of Nazi criminal law, as well as its influence and content in other national contexts.
- Chair: Michael Livingstone (Rutgers-Camden School of Law)
- David Fraser (University of Nottingham) - Criminal law and the criminal state. Periodizing national socialist legality.
- Damian Jagusz (University of Gdansk) - German Acts on substantive criminal law in the Polish system in the period of occupation vs. the standards of international law.
- Sebastiaan Vandenbogaerde (Ghent University) - Legal periodicals as German propaganda. The Juristenblad in Belgium.
3. CORPORATE LAW III: ANGLO-SAXON COMPANY AND CORPORATE LAW, LAW IN
CONTEXT (VENUE: MAIN BUILDING 4A04)
- Chair: Andreas Fleckner (MPI für ausländisches und internationales Privatrecht,
Hamburg)
- Markus Kari (University of Helsinki) - The arrival of prospectus and the creation of English and U.S. primary market regulation.
- Michael Nash (Les Roches Gruyere University of Applied Sciences) - Sonnenfeld revisited. Issues of selection and succession in corporate governance (20th Century).
- Anna Kilmaszewska (University of Gdansk)- Napoleon's bankruptcy law on the Polish lands.
4. TRADITION AND LEGAL REFORM IN THE SPANISH MODERN AGE. FOREIGN
INFLUENCES AND COLONIAL IMPACT (VENUE: MAIN BUILDING 5A02)
How did legal reform develop in the Spanish Modern Age? This question is discussed, focusing on the dichotomy between traditional elements and the new, foreign influences, coming mainly from Europe, as well as its impact in the Latin- American colonies.
- Chair: Dirk Heirbaut (Ghent University)
- Heikki Pihlajamäki (University of Helsinki) - Comparing British and Spanish colonial legislation in early modern America.
- Juan B. Cañizares (University of Cardenal Herrera - CEU) - The penalty of argolla vs the penalty of carcan. Tradition and reform in the Spanish and French criminal-law codifications.
- Aniceto Masferrer (University of Valencia) - The Spanish criminal-law codification. Its influences and colonial Impact.
- Matthew Dyson (University of Cambridge) - Unearthing Spanish unjust enrichment. Old roots and new shoots for legal development.
- Olivier Moréteau (Louisiana State University) - Abrogation Clauses, Peripheral Provisions, and their Impact on the Concept of Code: Comparing Codification in France, Louisiana, and California.
5. CONCEPTS OF PRIVATE LAW (VENUE: MAIN BUILDING 5A06)
Comparison of various concepts of private law from the early modern period to the present day: contributory negligence, damages, possessory remedies, limitations periods.
- Chair: Harry Dondorp (VU University Amsterdam)
- Emanuel van Dongen (Maastricht University) - The consequences of contributory negligence for delictual liability in the early modern period. A comparative legalhistorical study.
- Janwillem Oosterhuis (Maastricht University) - The identical origins of damages in Common Law and Civil Law. Damages in nineteenth century commercial legal practice.
- Anna Taitslin (Australian National University, O'Connor, Canberra) - Possession and Ownership in the Civil Law and at Common Law in a Historical Perspective.
- Annalisa Triggiano (Salerno University) - Limitation periods in legal history.
Tuesday 10 July 2012, 11 AM
1. FASCIST CRIMINAL LAW IV: THE DEVELOPMENT OF "FASCIST" CRIMINAL LAW IN
SPAIN, ROMANIA AND JAPAN (VENUE: MAIN BUILDING 2A05)
This panel engages with the development of 'fascist' criminal law in three different systems but with shared concerns: the influence of fascist ideology and practice on the development of criminal law; and the discursive significance of criminal law in understanding fascistic violence and control.
- Chair: David Fraser (University of Nottingham)
- Alberto Muro (University of Extremadura) - The ideology underlying the two
attempts to reform the Spanish criminal code between 1932 and 1944.
- Cosmin Sebastian Cercel (University of Bucharest /University of Paris 1) "The state must be defended". Puniting sedition in interwar Romania.
- Hiromi Sasamoto-Collins (University of Edinburgh) - Facilitating fascism? The Japanese peace preservation law (1925-45).
- Gabriela Cobo (Universidad Rey Juan Carlos) - The first fascist criminal code in Spain studied in the context of the historical Spanish criminal codification process.
2. CORPORATE LAW IV: CONTRACT AND DEFAULT RULES, IUS COMMUNE AND ROMAN
LAW (VENUE: MAIN BUILDING 2A06)
- Chair: Jan Hallebeek (VU University Amsterdam)
- Franz-Stefan Meissel (University of Vienna) - Dealing with uncertainty: standards of liability in partnership contracts in classical Roman law and the challenge of ius controversum for comparative legal history.
- Albrecht Cordes (Goethe University Frankfurt/M) - How to distill a normative order from non-normative sources.
- Annamaria Monti (University Bocconi, Milan) - Corporate law in comparative perspective: the point of view of 19th-20th century legal doctrine.
3. RECEPTION AND LEGAL TRANSPLANT (VENUE: MAIN BUILDING 4A04)
- Chair: Seán Patrick Donlan (University of Limerick)
- Kun Fan (Chinese University of Hong Kong) - Globalization of arbitration. A transnational institution struggling with local traditions. The case of arbitration transplant in China.
- Carlos Amunategui (Pontificia Universidad Católica de Chile) - Andrés Bello and the Japanese Civil Code. A case of romanizing the Romans.
- Dmitry Poldnikov (National Research University Higher School of Economics, Moscow) - Reception of Roman law. A provocative concept for German and Russian legal history?
- Amos Israel-Vleeschhouwer (Tel Aviv University) - The potential contribution and challenge of religious law. The example of legal history in Jewish legal responses to international law.
4. LEGAL EDUCATION AND LEGAL CULTURE (VENUE: MAIN BUILDING 5A02)
- Chair: Judith Rowbotham (Nottingham Trent University)
- Dolores Freda (Università degli Studi di Napoli 'Federico II') - Legal education in Europe between the Middle Ages and the Early-Modern Period: two experiences in comparison.
- Dalibor Cepulo (University of Zagreb) - Experiences from periphery. Teaching of General Legal History and National Legal History at the Faculty of Law in Zagreb since 1868.
- Marko Petrak (University of Zagreb) - Comparisons of Roman law in the 20th century.
- Karlijn van Blom (Tilburg Law School) - The use of foreign sources of law, a historical approach.
5. INTERNATIONAL LAW (VENUE: MAIN BUILDING 5A06)
- Chair: Hylkje de Jong (VU University Amsterdam)
- Frederik Dhondt (Ghent University/FWO) - On the legal justification of power politics. Balance thinking in European diplomatic practice, 18th Century and post-1945.
- Elisabetta Fiocchi Malaspina (University of Genova) - The role of Vattel's Le droit des gens in the XIX century.
- Lára Magnúsardóttir (University of Iceland) - A history of (dis)obedience. A nondemocratic controversy in Western politics.
- Adolfo Giuliani (Università di Perugia) - Legal history and comparative legal history.
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