A French-Brazilian Legal History Webinar Series

[We have the following announcement of the online workshop series, French-Brazilian Chair of Legal History 2021 organized by José Reinaldo de Lima Lopes (University of São Paulo) and Nader Hakim (University of Bordeaux).  DRE.]

 

Details after the jump.

A Discussion of "The Neo-Liberal Republic"

On Monday, February 22, at 1:15 PM EST, Cornell University is sponsoring a discussion of Antoine Vauchez and Pierre France’s The Neoliberal Republic: Corporate Lawyers, Statecraft, and the Making of Public-Private France, which appears in Cornell University Press’s Corpus Juris book series, edited by Elizabeth S. Anker, Cornell University.  The discussants are Samuel Moyn, Yale University/Yale Law School, Mitchel Lasser, Cornell Law School, and Katharina Pistor, Columbia Law School.  Antoine Vauchez, Universite Paris 1–Sorbonne, will respond.  Professor Anker will moderate.  Register here.

--Dan Ernst.  H/t:  Thomas Perroud

Cahiers Jean Moulin

We are pleased to learn of the French on-line journal Cahiers Jean Moulin, which is “mainly dedicated to legal history, with connections to positive law and social sciences” and edited by Guillaume Richard, professor of legal history and institutions at the University of Paris, and Chrystelle Gazeau, an associate professor of legal history at Lyon III University.  The latest issue is here.

Siegert on State Liability in the First World War

[We have the following book announcement from our friends at Max Planck.  DRE]

The Max Planck Institute for European Legal History just published a new volume in its book series Studien zur europäischen Rechtsgeschichte: Philipp Siegert, Staatshaftung im Ausnahmezustand: Doktrin und Rechtspraxis im Deutschen Reich und in Frankreich, 1914-1919.

The First World War is sometimes called the 20th century's "primordial catastophe." It raised diverse legal questions and led to a host of fundamental changes. In volume 322 of the MPIeR's book series Studien zur europäischen Rechtsgeschichte, which has just been published, Philipp Siegert examines state liability law in Germany and France between 1914 and 1918. On the basis of a detailed analysis of both French and German archival sources, he analyses states' legal responsibility during such a state of emergency and identifies categories of "legitimate" and "illegitimate" state action that, however, were either non-existent in pre-war international law or even contradicted it. Nevertheless, these were subsequently sanctioned by the peace treaties, and even a century after 1919 remain part of the international order. The ways in which destruction, expropriation and economic war measures carried out by France and Germany were assessed and sanctioned is highly instructive for the question of state liability in international law today.

Wood on law in the early modern French empire

Out soon by Laurie Wood, Florida State University, is Archipelago of Justice: Law in France's Early Modern Empire, published by Yale University Press. From the publisher: 

This book is a groundbreaking evaluation of the interwoven trajectories of the people, such as itinerant ship-workers and colonial magistrates, who built France’s first empire between 1680 and 1780 in the Atlantic and Indian Oceans. These imperial subjects sought political and legal influence via law courts, with strategies that reflected local and regional priorities, particularly regarding slavery, war, and trade. Through court records and legal documents, Wood reveals how courts became liaisons between France and new colonial possessions.

Praise for the book:

 “Laurie Wood makes innovative and sophisticated use of hitherto ignored legal sources to reconstruct the complex socio-political relationships that shaped life in the eighteenth-century French Caribbean and Indian Ocean.”—Richard B. Allen

"Laurie Wood has written an innovative, original book that will be of great value to anyone interested in early modern France and its overseas empire. She shows, lucidly and on the basis of exhaustive research, how ordinary people throughout the empire, in vastly disparate territories, were able to make use of a remarkably uniform legal system, based in the so-called conseils supérieurs. In short, she shows convincingly how this legal system helped to knit the empire together."—David Bell

“Archipelago of Justice combines local and transnational frames of reference to show how the magistrates and litigants of a far-flung network of courts at the outer limits of the monarchy’s sphere of authority helped tie France’s global empire together into a largely unified and cohesive whole.”— Michael Breen

Further information is available here.

--Mitra Sharafi

Two articles on Jewish law in French history

Back in 2017, Géraldine Gudefin (American University) published two articles on Jewish law in French history. We missed these earlier. Here are some details:

(1) "Creating Legal Difference: The Impossible Divorce of Russian Jews in Early Twentieth-Century France," Nashim: A Journal of Jewish Women's Studies & Gender Issues 31 (2017), 11-36

Abstract: Much of the scholarship on Jewish divorce assumes that civil marital laws are beneficial to Jews. This article complicates that assumption by focusing on a rarely acknowledged aspect of Jewish immigration in France. As France moved towards a stricter understanding of the separation of church and state, civil courts rejected the possibility of applying religious divorce laws to foreigners. Combined with the French practice of applying foreign law in cases involving immigrants, this shift resulted in Russian Jews being denied the right to civil divorce from 1905 to the 1920s. The confessional nature of Russian divorce thus continued to shape the lives of Russian Jews even after their immigration to France. The case of Russian Jewish divorce casts light on the shifting and contradictory understand-ings of the separation of church and state in France during the early years of the twentieth century.

(2) "Reforming Jewish Divorce: French Rabbis and Civil Divorce at the Turn of the Twentieth century (1884-1907" in Martine Gross, Sophie Nizard, and Yann Scioldo-Zurcher, eds., Gender, Families and Transmission in the Contemporary Jewish Context (2017)

Excerpt from introduction: "In the months and years following the passage of the law of 1884 [restoring civil divorce in France], rabbis in France became increasingly aware of the plight of Jewish women who were denied a religious divorce. Over the next two decades, French rabbis designed myriad proposals in an effort to reform Jewish marital laws and  prevent the problem of
agunot; these rabbinical proposals became widely  publicized in the French Jewish press. This article examines the manifold suggestions for reforming Jewish divorce between 1884 and 1907, focusing particularly on the conflicting pressures faced by French rabbis. On the one hand, Jewish communal leaders were extremely influenced by French debates about civil divorce, sharing similar ideas with reformers of civil divorce about the adaptive nature of the law and the need for more  balanced gender relations. On the other hand, owing to the transnational nature of Jewish law and life, the discussion about religious divorce transcended France's national borders, thus complicating attempts at reform."

Further information is available here.

Vause on debt and dishonor in France

Erika Vause, St. John's University, has published In the Red and in the Black: Debt, Dishonor, and the Law in France between Revolutions with the University of Virginia Press. From the publisher: 

"The most dishonorable act that can dishonor a man." Such is Félix Grandet’s unsparing view of bankruptcy, adding that even a highway robber—who at least "risks his own life in attacking you"—is worthier of respect. Indeed, the France of Balzac’s day was an unforgiving place for borrowers. Each year, thousands of debtors found themselves arrested for commercial debts. Those who wished to escape debt imprisonment through bankruptcy sacrificed their honor—losing, among other rights and privileges, the ability to vote, to serve on a jury, or even to enter the stock market.

Arguing that French Revolutionary and Napoleonic legislation created a conception of commercial identity that tied together the debtor’s social, moral, and physical person, In the Red and in the Black examines the history of debt imprisonment and bankruptcy as a means of understanding the changing logic of commercial debt. Following the practical application of these laws throughout the early nineteenth century, Erika Vause traces how financial failure and fraud became legally disentangled. The idea of personhood established in the Revolution’s aftermath unraveled over the course of the century owing to a growing penal ideology that stressed the state’s virtual monopoly over incarceration and to investors’ desire to insure their financial risks. This meticulously researched study offers a novel conceptualization of how central "the economic" was to new understandings of self, state, and the market. Telling a story deeply resonant in our own age of ambivalence about the innocence of failures by financial institutions and large-scale speculators, Vause reveals how legal personalization and depersonalization of debt was essential for unleashing the latent forces of capitalism itself.

Praise for the book:

 "A ground-breaking study exemplary in every way." - Maura O’Connor

"In this impeccably researched and vigorously argued book, Erika Vause offers nuanced and original accounts of the concepts of debt and bankruptcy among merchants, moralists, and novelists that shed new light on the political divides and affinities that shaped France's trajectory from the Directory through the Revolution." - Clare Crowston

Further information is available here.

 

Semley on Citizenship in France's Atlantic Empire

Laurelle Semley, College of the Holy Cross, Massachusetts published To Be Free and French: Citizenship in France's Atlantic Empire with Cambridge University Press in 2017. From the publisher:

The Haitian Revolution may have galvanized subjects of French empire in the Americas and Africa struggling to define freedom and "Frenchness" for themselves, but Lorelle Semley reveals that this event was just one moment in a longer struggle of women and men of color for rights under the French colonial regime. Through political activism ranging from armed struggle to literary expression, these colonial subjects challenged and exploited promises in French Republican rhetoric that should have contradicted the continued use of slavery in the Americas and the introduction of exploitative labor in the colonization of Africa. They defined an alternative French citizenship, which recognized difference, particularly race, as part of a "universal" French identity. Spanning Atlantic port cities in Haiti, Senegal, Martinique, Benin, and France, this book is a major contribution to scholarship on citizenship, race, empire, and gender, and it sheds new light on debates around human rights and immigration in contemporary France.

Praise for the book:

"Semley seeks to understand the intersection of citizenship, race, and gender within the 19th- and 20th-century French Atlantic empire. She does this through a series of engaging and well-researched chapters centered on important imperial events where the local and imperial intersect and where imperial subjects see themselves within both French and local identities. … As a whole, the work illustrates the complexity of race, citizenship, and gender in that they often worked together while they were also at odds. Many of the figures described in the book embraced the larger revolutionary ideals of citizenship, but then had to negotiate them within their local contexts. Finally, even as slaves became free and freed men became citizens, women had to wait. … Recommended. Upper-division undergraduates and above." -T. M. Reese


Further information is available here.

Peabody on Slavery & Family in the French Indian Ocean

Sue Peabody, Washington State University, published Madeleine's Children: Family, Freedom, Secrets, and Lies in France's Indian Ocean Colonies with Oxford University Press in 2017. From the publisher:

Madeleine's Children uncovers a multigenerational saga of an enslaved family in India and two islands, Réunion and Mauritius, in the eastern empires of France and Britain during the eighteenth and nineteenth centuries. A tale of legal intrigue, it reveals the lives and secret relationships between slaves and free people that have remained obscure for two centuries.

 As a child, Madeleine was pawned by her impoverished family and became the slave of a French woman in Bengal. She accompanied her mistress to France as a teenager, but she did not challenge her enslavement there on the basis of France's Free Soil principle, a consideration that did not come to light until future lawyers investigated her story. In France, a new master and mistress purchased her, despite laws prohibiting the sale of slaves within the kingdom. The couple transported Madeleine across the ocean to their plantation in the Indian Ocean colonies, where she eventually gave birth to three children: Maurice, Constance, and Furcy. One died a slave and two eventually became free, but under very different circumstances. On 21 November 1817, Furcy exited the gates of his master's mansion and declared himself a free man. The lawsuit waged by Furcy to challenge his wrongful enslavement ultimately brought him before the Royal Court of Paris, despite the extreme measures that his putative master, Joseph Lory, deployed to retain him as his slave.

 A meticulous work of archival detection, Madeleine's Children investigates the cunning, clandestine, and brutal strategies that masters devised to keep slaves under their control-and paints a vivid picture of the unique and evolving meanings of slavery and freedom in the Indian Ocean world.

Praise for the book:

"What does it mean to be free? To be a slave? To belong to a family? In this remarkable book, historian Sue Peabody--one of the world's leading authorities on slavery in the French Empire--shows that these big questions are often intertwined. Through an intimate portrait of one enslaved man fighting for his dignity, Peabody shines a brilliant light on the worlds in which he and his forebears lived, stretching from India to the Mascarene Islands to the courts of Paris. This is both biography and global history at their very best." -Brett Rushforth

"This gripping family history of slavery and freedom in France and its Indian Ocean empire during the eighteenth and nineteenth centuries resurrects in inviting detail the lives of Madeleine--sold into slavery in India and freed on Bourbon Island, though not told of her manumission for nineteen years--and of her children. With help from family and friends, Furcy, one of those children held in slavery by ruse, vigorously pursued legal recognition of his free status in the Mascarene Islands of the Indian Ocean and in France--and won. Drawing on thousands of pages of archival and legal documents to reconstruct their lives with astonishing detail, Peabody presents us with the first autobiographical narrative of slaves held by French citizens and in the process illuminates the internal architectures of slavery and freedom in France's Indian Ocean colonies."-Pier M. Larson

"'Madeleine's Children' is a detailed exposition of the lives of slaves in the Indian Ocean world in the late eighteenth to early nineteenth centuries. Based on years of meticulous research, it brings vividly to life the tensions between slave-owners and slaves during a tumultuous period of shifting legal challenges to, and definitions of, slavery. Thoroughly recommended to scholars of the Indian Ocean world and of slavery." -Gwyn Campbell

Further information is available here.

Voices in the Legal Archives in the French Atlantic

[Via H-Law, we have the following announcement.]

The central aim of this conference is to draw together a dynamic group of international scholars from France, Canada, and the United States whose work stands at the interface of two emerging sub-disciplines:  the history of the French Atlantic and the "new legal history" whose central vector insists on shifting the focus of the field beyond legal structures and frameworks, towards an understanding of how law was actively shaped and applied through the lives and experiences of ordinary men and women.  By uncovering and identifying the "voices" of slaves, indentured servants, artisans, aboriginal people, women entrepreneurs, peasants, merchants, planter elites and government officials, we aim to provide a richer understanding of the ways in which French law was understood and integrated into the lives of ordinary people involved in the 18th century colonial enterprise.  We hope, therefore, to open up new scholarly conversations which seek to reimagine the French colonial world as less the product of metropolitan influences than a process shaped by a multiplicity of actors.

The organizers gratefully acknowledge the sponsorship of the Omohundro Institute for Early American History and Culture; the Social Sciences and Humanities Research Council of Canada; The L.R. Wilson Institute for Canadian History, McMaster University; Office of the President, McMaster University; Dean of Humanities, McMaster University; Department of History, McMaster University; Department of History, University of Western Ontario; McNeil Centre for Early American Studies.

For details regarding program and registration, please visit [here], or contact

Michael Gauvreau (Department of History, McMaster University) mgauvrea@mcmaster.ca
Nancy Christie (Department of HIstory, University of Western Ontario) nchrist8@uwo.ca

Kolla on International Law & the French Revolution

Out this month by Edward James Kolla (Georgetown University) is Sovereignty, International Law, and the French Revolution in the "Studies in Legal History" series with Cambridge University Press. From the publisher:

The advent of the principle of popular sovereignty during the French Revolution inspired an unintended but momentous change in international law. Edward James Kolla explains that between 1789 and 1799, the idea that peoples ought to determine their fates in international affairs, just as they were taking power domestically in France, inspired a series of new and interconnected claims to territory. Drawing on case studies from Avignon, Belgium, the Rhineland, the Netherlands, Switzerland, and Italy, Kolla traces how French revolutionary diplomats and leaders gradually applied principles derived from new domestic political philosophy and law to the international stage. Instead of obtaining land via dynastic inheritance or conquest in war, the will of the people would now determine the title and status of territory. However, the principle of popular sovereignty also opened up new justifications for aggressive conquest, and this history foreshadowed some of the most controversial questions in international relations today.

Praise for the book:

“When the right of peoples to self-determination creates an international law immediately to the advantage of the French Revolution and ultimately for our present world, a brilliant paradoxical book explaining how the French Revolution was a key experiment for our modernity.” -Jean-Clément Martin

“In this brilliant and thoughtful study of international law during the French Revolution, Kolla presents a fascinating history of the principle of national self-determination, as it developed over a century before Woodrow Wilson brought this idea to Versailles. Kolla’s book will be of great interest to historians of modern Europe, political theorists, and legal scholars.” -Dan Edelstein

“Kolla's bold and thought-provoking study transforms our view of the French Revolution's importance for international law. Kolla persuasively argues for positive advances, rooted in the doctrine of popular sovereignty, and for an indirect 'ripple' effect which provided an important foundation for the decisive nineteenth-century advance in international law.” –Hamish Scott

Further details are available here.