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21 May 2017

COLLOQUIUM: "Histoire de l'économie sans travail" (Florence, June 8-10 2017)


WHAT Histoire de l'économie sans travail, Colloquium

WHEN  June 8-10 2017

WHERE Florence, Villa Finaly





NOTICE: "Oxford University Press launches the Max Planck Encyclopedia of Comparative Constitutional Law"


Oxford University Press launches the
Max Planck Encyclopedia of Comparative Constitutional Law

Your launchpad for global constitutional research






·         Developed for use by constitutional lawyers, academics, and students
·    Provides comprehensive analysis of constitutional law topics in a comparative context
·         Linked to the constitutional texts so users can verify accuracy of commentary
·         Built with accessibility in mind, with browsing by subject matter and simple search functionality

Oxford University Press is delighted to announce the launch of the Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL)a new addition to the Oxford Constitutional Law family.

The Max Planck Encyclopedia of Comparative Constitutional Law offers a global overview of constitutional law in a comparative context via painstakingly researched articles, and was developed with constitutional lawyers, academics, and students in mind. The online resource provides seamless navigation between encyclopedia articles, linking to English versions of the constitutional documents mentioned in articles and hosted on our Oxford Constitutions of the World and US Constitutional Lawproducts, as well as through references from the Oxford Law Citator.

Developed in partnership with the team of editors at the Max Planck Foundation for International Peace and the Rule of Law, the Max Planck Encyclopedia of Comparative Constitutional Law has launched with 70 articles from more than 60 different authors, providing analytical coverage of constitutional law topics in a comparative context. This will grow to include over 500 articles once fully established, linked by an intuitive subject and keyword search functionality.

The articles define and cover the underpinnings of state formation and constitutional law, as well as analysing and explaining from a global comparative perspective a number of foundational legal concepts, such as:

·         Human rights
·         Constitutional formation
·         Scope of state protections
·         The defining structures of governmental makeup
·         Types of legal structures and interactions within a constitutional law system; and
·         Legal constitutional concepts that make up constitutional law

The Max Planck Encyclopedia of Comparative Constitutional Law is available on annual subscription to libraries, organizations, and institutions worldwide. Pricing is based on the size and type of institution and the number of users.

If your readers/members are on the cutting edge of this field and would be interested in reading about Oxford’s new online resource, please consider announcing or reviewing it in your blog, newsletter, or journal. 

For further information, or to request free access for the purposes of writing and publishing a review please contact:
Kate Roche | Oxford University Press | kate.roche@oup.com

BOOK: "Landmark Cases in Criminal Law" P. Handler, H. Mares and I. Williams eds (May, 2017)


Landmark Cases in Criminal Law, edited by Philip Handler, Henry Mares and Ian Williams 
all information here

Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.

The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.

Table Of Contents

16 May 2017

BOOK: Dante FEDELE, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles). L'ambassadeur au croisement du droit, de l'éthique et de la politique [Studien sur Geschichte des Völkerrechts; 36). Baden-Baden: Nomos Verlag, 2017, 830 p. ISBN 9783848741274, € 198.

(image source: Nomos)

Dante Fedele (KULeuven) published his PhD dissertation (ENS Lyon) in the collection Studien zur Geschichte des Völkerrechts (Nomos).

Abstract:
The author investigates the birth of modern diplomacy. Drawing on a wide-ranging body of textual materials dealing with the ambassador from the 13th to the 17th century, he analyses how that figure was developed within a complex constantly renewed field of interaction between law, ethics and politics, where theory and practise are intertwined in an unresolved dialectical interaction. The first part examines how the legal status of the ambassador was shaped during the late Middle Ages and how this process influenced early-modern scholarship on diplomacy. The second part investigates how the emergence of the modern State both reinvigorated and reshaped the scholarly approaches to the different themes linked to the figure of the ambassador. The third part proposes an account of how the professional status of the ambassador developed within the examined body of literature. Through the prism of these approaches, diplomacy appears as a foundational matrix of modern political rationality.

More information on the publisher's website.

12 May 2017

SYMPOSIUM: Evaluating the Turn to History of International Law (ESIL Conference, Naples, 6 Sep 2017)

ESIL 2017 Annual Conference

Symposium of the 
Interest Group on the History of International Law

“Evaluating the Turn to History of International Law” 

Naples, Wednesday, 6 September 2017
13:00-17:00, Venue TBA



13:00: Welcome and Opening Remarks
Thomas Skouteris (The American University in Cairo)

13:00-14:30: Session 1
Martin Clark (London School of Economics): “Ambivalences, anxieties / Adaptations, advances”
Valentina Vadi (Lancaster University): “International Law and its Microhistories”
Amrita Mukherjee (University of Leeds): “Subaltern Studies & International Law”
DiscussantGerry Simpson (London School of Economics)
ModeratorThomas Skouteris (The American University in Cairo)

15:00-16:30: Session 2
Miriam Bak Mackenna (Lund University) & Matilda Arvidsson (Lund University): “The ‘turn to history’ and the sources doctrine in international law: disruption, democratization, and distress
Jan Martin Lemnitzer (University of Southern Denmark): “Writing a new history of international criminal law – where do we start?
Immi Tallgren (University of Helsinki)A turn to women? Histories of ‘international criminal lawyers
DiscussantIgnacio de la Rasilla del Moral (Brunel University)
ModeratorInge van Hulle (Tilburg University)

16:30: Closing remarks and discussion on future activities of the IGHIL

Symposium Conveners/ IGHIL Coordinating Committee Members
Frederik Dhondt, Inge van Hulle, Ignacio de lRasilladel Moral, and Thomas Skouteris

07 May 2017

BOOK: "L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX). L'impatto sulla cultura giuridica in prospettiva globale" by Elisabetta Fiocchi Malaspina (May, 2017)


Elisabetta Fiocchi Malaspina, L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX), May 2017

Global Perspectives on Legal History 8

With “L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)” by Elisabetta Fiocchi Malaspina, the Max Planck Institute for European Legal History presents the newest publication in its book series "Global Perspectives on Legal History".

Global Perspectives on Legal History is a book series edited and published by the Max Planck Institute for European Legal History, Frankfurt am Main, Germany.
As its title suggests, the series is designed to advance the scholarly research of legal historians worldwide who seek to transcend the established boundaries of national legal scholarship that typically sets the focus on a single, dominant modus of normativity and law. The series aims to privilege studies dedicated to reconstructing the historical evolution of normativity from a global perspective.
It includes monographs, editions of sources, and collaborative works. All titles in the series are available both as premium print-on-demand and in the open-access format.
More information on the series and forthcoming volumes: http://global.rg.mpg.de

Prof. Dr. iur. Elisabetta Fiocchi Malaspina is Assistant Professor at the University of Zurich

L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)
L'impatto sulla cultura giuridica in prospettiva globale
Global Perspectives on Legal History 8
Frankfurt am Main: Max Planck Institute for European Legal History 2017. 364 p., € 17,69 D
ISBN: 978-3-944773-07-0
Open Access Online Edition: http://dx.doi.org/10.12946/gplh8


The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries.

The Droit des gens had an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries.
The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations.
The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual.
Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19th century its critical reception (both positive and negative) in relation to the more complex legislative contexts.
The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking.


CONFERENCE & CFP: "Justice and judicial process. Evolution and development in the History of the law" (Murcia, November 29-30-December 1, 2017)


WHAT Justice and judicial process. Evolution and development in the History of the law, Conference & Call for papers

WHEN November 29-30-December 1, 2017

WHERE Murcia, Spain

Deadline for proposal is  September 15th, 2017, by e-mail to catedrainocencio@gmail.com
Each participant will have 20 minutes to give his communication. Presentations can be given in Spanish, English, French, Italian, German or Portuguese.
The following publication of the works presented to the Congress will be subject to a blind refereeing process and to the editorial norms of the Vergentis (vergentis.ucam.edu).

BOOK: "The History of Law in Europe" by Bart Wauters and Marco de Benito (April, 2017)


Bart Wauters, Marco de Benito, The History of Law in Europe

all information here

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

05 May 2017

EUROPEAN CHAIR OF THE COLLEGE DE FRANCE: Prof. dr. dr. Alain WIJFFELS (2016-2017)

(image source: Collège de France)

Prof. dr. dr. Alain A. Wijffels (KUL/UCL/Leiden/Lille II-CNRS) obtained the prestigious European Chair of the Collège de France for the academic year 2016-2017.

His inaugural lecture "Le droit européen a-t-il une histoire ? En a-t-il besoin ?" can be watched here.

A special section of the Collège de France's website is dedicated to the series of free public courses prof. Wijffels delivers. The first course (27 April; Métamorphoses du pouvoir : des droits savants médiévaux aux droits communs des Temps Modernes, la privatisation d'un système de gouvernance publique) can already be watched and listened to.

On 12 May, Prof. Wijffels organizes a colloquium on the comparative history of law, featuring several distinguished legal historians.

The final lecture (Pour une culture juridique européenne) will be held on 29 June.

Prof. Wijffels' appointment was echoed in mainstream media as well. A 30 minute-broadcast on France Inter ("La Marche de l'histoire") can be found here.

14 April 2017

CFA: Interpretatio Prudentium. Roman law and Roman legal tradition in review (deadline June 15, 2017)


WHAT Interpretatio Prudentium. Roman law and Roman legal tradition in review, Call for articles

WHEN deadline for submissions June 15, 2017

Interpretatio Prudentium is a biannual scientific journal with double-blind peer review published by Legal Theory and History – Research Center of the University of Lisbon (THD-ULisboa) promoting scholarly excellence research and a profound knowledge of Roman Jurisprudence and the Roman Legal Tradition while aiming at a critical understanding of contemporary legal phenomena.
The Executive Committee of Interpretatio Prudentium invites the academic community to submit papers (monographs or reviews of recent publications) to be included in the third issue.
The Journal publishes in any neolatine language, english or german. Articles, under 70.000 characters (spaces included), should be submitted for publication along with a summary (c.550 characters) and keywords (3-5), written in the original language of the article and in an additional language. Reviews should be up to 15.000 characters.
The submitted articles should be sent in Word format to the e-mail interpretatio@fd.ulisboa.ptwith carbon copy to the editorial secretary (claudiaeliasduarte@fd.ulisboa.pt). The deadline for the submission of papers is June 15, 2017.
The submitted articles are reviewed by members of the Scientific Committee of Interpretatio Prudentium, the identities of both reviewer and author remaining anonymous throughout the review process.

DOCTORAL POSITION: ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium)


WHAT ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium) within the project Average - Transaction Costs and Risk Management during the First Globalization (Sixteenth-Eighteenth Centuries) Ref: 2609

WHEN n.a., duration 42 months.

WHERE University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium)

application deadline May 1, 2017

Applications are invited for one ERC-funded Dual Doctoral Award with the Department of History at the University of Exeter and the Faculteit Recht en Criminologie (Faculty of Law and Criminology), Vrije Universiteit Brussels (Belgium). This doctoral position will focus on researching the development and practice of Maritime Averages in Bruges and Antwerp between the Fifteenth and Sixteenth Centuries under the supervision of Professor Maria Fusaro (Exeter), Principal Investigator of the project, and Professor Dave De ruysscher (Brussels).

This doctoral position will last for 42 months – to allow for the appropriate technical and quantitative training to analyse this complex documentation – and all its activities will be fully embedded into the wider project’s activities.

The overall aim of the project (ERC grant agreement number 724544) is to investigate the legal and economic development of General Averages comparatively across Europe (in total 4 doctoral positions are being advertised for different countries). A topic neglected by scholars, even though rich and substantial (serial) documentary evidence about it has survived for the early modern period. The project will be articulated along two principal axes: one principally concerned with economic analysis, which will analyse (and make available) data extracted from archives in Italy (Venice, Livorno, Genoa), the Low Countries and Spain; the other concentrating on the legal and political elements behind GA historical development. You can hear more details about the project from this link: http://www.exeter.ac.uk/research/events/ercweek/professormariafusaro/

12 April 2017

BOOK: Stefan KADELBACH, Thomas KLEINLEIN and David ROTH-ISIGKEIT (eds.), System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel. Oxford: OUP, ISBN 9780198768586. £ 80

(image source: OUP)

Oxford University Press announced the forthcoming publication of System, Order, and International Law. The Early History of International Legal Thought from Machiavelli to Hegel, edited by Stefan Kadelbach (Frankfurt), Thomas Kleinlein (Frankfurt) and David Roth-Isigkeit (Frankfurt).

Book abstract:
For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.
Table of contents:
Introduction, Stefan Kadelbach, Thomas Kleinlein and David Roth-Isigkeit
Part I Authors
1: Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction, David Roth-Isigkeit
2: Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times, Kirstin Bunge
3: Francisco Suárez S. J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship, Tobias Schaffner
4: Jean Bodin on International Law, Merio Scattola
5: Alberico Gentili: Sovereignty, Natural Law, and the System of Roman Civil Law, Andreas Wagner
6: Althusius: Back to the Future, Thomas Hüglin
7: Hugo Grotius on the Conquest of Utopia by Systematic Reasoning, Stefan Kadelbach
8: Orders in disorder: The Question of a Sovereign State of Nature in Hobbes and Rousseau, Jonas Heller
9: The International Legal Argument in Spinoza, Tilman Altwicker
10: States as Ethico-Political Subjects of International Law: The Relationship between Theory and Practice in the International Politics of Samuel Pufendorf, Vanda Fiorillo
11: Christian Wolff: System as an Episode?, Thomas Kleinlein
12: The Law of the Nations as the Civil Law of the World: On Montesquieu's Political Cosmopolitanism, Christian Volk
13: Emer de Vattel on the Society of Nations and the Political System of Europe, Simone Zurbuchen
14: Towards a System of Sympathetic Law: Envisioning Adam Smith's Theory of Jurisprudence, Bastian Ronge
15: Systematicity to Excess Kant's Conception of the International Legal Order, Benedict Vischer
16: Fichte and the Echo of his Internationalist Thinking in Romanticism, Carla De Pascale
17: The Plurality of States and the World Order of Reason: On Hegel's Understanding of International Law and Relations, Sergio Dellavalle
Part II Perspectives on the Philosophy of International Law
18: What should the History of the Law of Nations Become?, Martti Koskenniemi
19: State Theory, State Order, State System: Ius Gentium and the constitution of Public Power, Nehal Bhuta
20: Spatial Perceptions, Juridical Practices, and Early International Legal Thought around 1500: From Tordesillas to Saragossa, Thomas Duve
21: The Disorder of Economy? The first Relectio de Indis in a Theological Perspective, Mónica García-Salmones
22: Power and Law as Ordering Devices in the System of International Relations, Gunther Hellmann
23: Universalism and Particularism: A Dichotomy to Read Theories on International Order, Armin von Bogdandy and Sergio Dellavalle
Some Brief ConclusionsPierre-Marie Dupuy
 On the editors:
Stefan Kadelbach, Cluster of Excellence at Goethe University Frankfurt/Main, Thomas Kleinlein, Principal Investigator of the 'Federalism of Rights' research project (DFG, German Research Foundation) and Associate Member of 'Normative Orders', Cluster of Excellence at Goethe University Frankfurt/Main, and David Roth-Isigkeit, Cluster of Excellence at Goethe University Frankfurt/MainStefan Kadelbach is Professor of Public International Law and European Constitutional Law at Goethe University Frankfurt/Main and a Member of ' Normative Orders', Cluster of Excellence, a group of researchers from various disciplines funded by the German Research Foundation. His teaching and research covers general international law, the theory of international law, human rights, and European and German constitutional law.Thomas Kleinlein is Privatdozent at the Institute for Public Law and Associate Member of 'Normative Orders', Cluster of Excellence, at Goethe University Frankfurt/Main. He is the principal investigator of a research project funded by a grant from the German Research Foundation entitled Federalism of Rights: Perspectives of Dialogue and Pluralism in Multilevel Fundamental Rights Adjudication in Germany, the United States Compared. In the winter semester 2016/17, he is a visiting professor at Humboldt University Berlin.David Roth-Isigkeit is a Research Fellow at 'Normative Orders', Cluster of Excellence at Goethe University Frankfurt/Main.
More information on OUP's website.