Showing posts with label European legal history. Show all posts
Showing posts with label European legal history. Show all posts

Saturday, September 26, 2026

Weekend Roundup

  • Jack Rakove on "The Unitary Executive Theory in All of Its Historical Perversity" (Washington Monthly). 
  • Meet Magdalene Zier, Sharswood Fellow at the University of Pennsylvania Carey Law School, "whose research explores histories of discrimination, social movements, and constitutional law in the United States" (PennCareyLaw).
  • From History News Network: a feature by Victor Manuel Cázares Lira on Gordon Wood: "Famous for his books about the founders, Gordon S. Wood’s true legacy may have been about showing how futile their efforts were in the face of pressures from below."
  • The National Constitution Center’s session on John Dickinson, Gouverneur Morris, Roger Sherman, and James Wilson, with Carol Berkin, Jane E. Calvert, Scott S. Greenberger, and Jesse Wegman is here.  
  • On Wednesday, the ACLU launched Let the Record Show, "a new, irreverent American history podcast that looks back on the people and places behind defining legal moments for rights and freedoms in the United States."
  • Relatedly:  Joseph Blocher and Brandon Garrett on how new constitutional tests force courts to “play historian” (Duke Law), and the Honorable James A. Wynn on how judges decide which history counts (Marquette Law).  
  • More on the 30th Annual Forum of Young Legal Historians at the Adam Mickiewicz University, Poznań, which concludes today.
  • ICYMI: Dartmouth College's new Magna Carta.  (Pangram found that no AI was used in its composition.) (Medievalists.net). Republican motherhood and civic education today (WATM).   Akhil Reed Amar and Doris Kearns Goodwin at Boston College on the US Constitution (The Heights). 

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Monday, September 14, 2026

Rg 34 (2026)

[We have the following announcement.  DRE]

Rechtsgeschichte - Legal History 34 (2026) out now.  It is the journal of the Max Planck Institute for Legal History and Legal Theory

Last year saw the publication of two significant new books on Rudolf von Jhering, one of the most original legal scholars of the 19th century. In the Research section of this year's issue of our Institute journal, the books' authors present their findings for discussion. While Michael Kunze traces Jhering's life-long quest for a secular foundation of law as an invisible normative order, Mathias Reimann finds both brilliant insights and chaotic tendencies in Jhering's writings.

Dave De ruysscher's article on the history of bills of exchange in Western Europe argues that their regulatory framework remained relatively indeterminate between c. 1450 and 1680. Only gradually did a synthesis of Genoese and Dutch methodologies establish itself as the dominant approach. Beate Althammer explores the history of pardoning practices as a part of 19th-century criminal justice reforms. Her analysis of petitions for royal mercy in England and Prussia leads her to question the narrative of a linear change of legal order and pardoning practices. Triin Tark offers a Baltic perspective on the translation of legal texts during the interwar period. She demonstrates how the consistent terminology for ethnic minorities used in the Estonian Law on Cultural Autonomy (1925) was replaced with an eclectic mix of vocabulary by the League of Nations' translators.

The Research section is completed by Erk Volkmar Heyen taking a closer look at the iconography of the courtroom table from the joint perspective of art and legal history. His analysis of 19th-century French and Belgian satirical images of the judiciary focuses on the relationship between religion and the state. 

Art and creativity are also the subjects of this year's Forum section. Its 15 short contributions explore the possibilities opened up by creative methods in legal history from a global perspective - with examples from the Americas, Africa and India.

This issue's Critique section offers 33 reviews of recent publications relevant to the study of legal history from late antiquity to the 21st century. Under Comptes rendus, we briefly present some key publications by researchers at our Institute.

Thorsten Keiser's Marginalia contribution deals with a key characteristic of the Venetian Republic's constitution from the late Middle Ages to the 18th century: the anonymous denunciation (denuncia segreta). The print issue's series of images is also devoted to Venice; the various selected views of the lagoon city all stem from the extensive collections of Frankfurt's Städel Museum.

Rechtsgeschichte - Legal History 34 is now available in print from the publishers Vittorio Klostermann and online in Open Access via the journal's website.

Friday, August 14, 2026

Reparations and Restitution

[Via H-Law, we have word of the publication of a special issue (53:2) of istorical Reflections/Réflexions Historiques devoted to Reparation and Restitution.  DRE.]

Reparations and Restitution: Comparative Perspectives on Austria, France, Germany, and the United States 
Julia Roos 

Revisiting the 1825 Indemnity Law in France 
Elisabeth C. Macknight   

Reparations and the Reconstruction of Jewish Livelihoods in Postwar West Germany  
Anna Holian  

Compensation for Nazi Injustice as Administrative Practice: Baden-Württemberg Sinti and Roma Inside the “Contact Zone” 
Joey Rauschenberger 

Reparations as Learning Process?  West Germany and the Nazi-Era Sterilizations of Biracial Rhinelanders 
Julia Roos 

Europeanization through Repair? Austria's Belated Reparations to Holocaust Survivors and Their Descendants in the 1990s and 2000s 
Emily Marker 

The Case for Thinking Comparatively about Reparative Justice: Race and Reckoning in the United States and Germany 
Rita Chin

Friday, June 26, 2026

Skinner on Mussolini's Special Tribunal for the Defence of the State

Stephen Skinner, University of Exeter, has published Subversion and the Special Tribunal for the Defence of the State in Fascist Italy, 1927–8, in the American Journal of Legal History:

In 1925, Italian Fascist Prime Minister Benito Mussolini began to transform his government into a dictatorial regime, cracking down on political opposition and anti-Fascist activities, which were referred to as ‘subversion’. The 1926 ‘ultra-Fascist’ Law No 2008 established a new criminal court, the Special Tribunal for the Defence of the State, to deal with subversive activities that were deemed to constitute political crimes against the regime’s security. Although a large body of academic literature on the Special Tribunal continues to grow, the details of the subversion cases that came before it, and what they can reveal about anti-Fascist activity and the regime’s response, have received limited attention. Based on an extensive study of Special Tribunal decisions in subversion cases during the first two years of its operation (1927–8), this article builds a systematic analysis of what subversive activities involved, how they were charged and tried, what the Special Tribunal decided, and how its judgments can be understood in the overall context of Fascism. The article provides a framework for analysing political judgments by focusing on their form and functions, and shows how the Fascist regime’s reliance on the ritual of a trial and legal judgment had performative, repressive, propagandistic, and educative dimensions that ultimately underscore Fascism’s falsification of legality.

--Dan Ernst 

Thursday, May 21, 2026

A Constitutional History of EU Law

The History of European Union Law: Constitutional Practice, 1950 to 1993 (Cambridge University Press), edited by Bill Davies, American University, and Morten Rasmussen, University of Copenhagen, has been published.  

This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992). The struggle and eventual stalemate over the constitutional practice traced in this book accounts for the fragile and partial system of rule of law that exists in the EU today.

--Dan Ernst.  TOC after the jump.

Thursday, April 2, 2026

Witte and Pin's "Legal Foundations of Religious Freedom"

John Witte, Jr., Emory University, and Andrea Pin, University of Padua, have published The Legal Foundations of Religious Freedom: Human Rights in the United States and Europe (Notre Dame Press):

In The Legal Foundations of Religious Freedom, authors John Witte Jr. and Andrea Pin explore the Christian and secular origins of rights in the Western legal tradition and the complex interplay between human rights and religious freedom norms in modern law, religion, and culture. They analyze historical documents and recent cases from the United States Supreme Court, the European Court of Human Rights, and the Court of Justice of the European Union to articulate the historical, theoretical, and legal tension of human rights and religious freedom on both sides of the Atlantic. The authors contrast the serious threats to new religious minorities and traditional religious accommodations with firm new protections of religious freedoms in both Europe and America.

Ultimately calling for robust protection of the fundamental rights and liberties of all people and faiths, Witte and Pin caution that religious freedom and other human rights claims can only do so much to bridge the widening cultural divides over law and religion in modern Western societies. It is our responsibility to embrace the fundamental goods of dignity, fraternity, and justice.

--Dan Ernst 

Saturday, January 31, 2026

Weekend Roundup

  • Congratulations to legal historian Jennifer L. Mnookin upon her appointment as president of Columbia University! (Columbia News).
  •  History, Tradition, and the Constitution (Claude's, that is) (Dorf on Law).  
  • The Virginia Tourism Corporation has launched a new Virginia Civil Rights podcast (WRIC). 
  • Lawbook Exchange's January 2026 catalogue of Scholarly Law & Legal History is here. 
  • A conversation with Jill Lepore on We the People: A History of the U.S. Constitution (W.W. Norton, 2025) (BC Law).
  • ICYMI: Tal Fortgang on whether Traditionalism can be Originalist (SCOTUSblog).  Molly Brady, HLS, on debates from 19th-century state conventions that reveal why some constitutions allow takings for “private use" (State Court Report). Madiba K. Dennie on how originalist law professors get birthright citizenship wrong (Balls & Strikes).  An Ohio Supreme Court landmark: Rogers v. Toni Home Permanent Hair Co. (1958) (CNO). 
  • Update: UVA Law's notice of G. Edward White's selection as Editor of the Journal of Supreme Court History. 

 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Wednesday, December 17, 2025

Max Planck-ASLH Dissertation Prize to Lilić, Quiroga-Villamarín

Continuing with our notices of the awards, prizes, and fellowships announced at the recent meeting of the American Society for Legal History, we turn now to the Max Planck-ASLH Dissertation Prize for European Legal History in a Global Perspective. About this award:

The Max Planck-ASLH Dissertation Prize for European Legal History in Global Perspective will honor exceptional dissertations on topics in European legal history in global perspective and presented for PhD or JSD degrees awarded in the previous calendar year. Topics may include European legal interactions with people or places outside Europe, legal processes spanning Europe and other world regions, and developments in legal theory closely related to imperial, transnational, or trans-regional trends. 

The 2025 award when to two scholars: Vladislav Lilić, for “Empire of States: Law and International Order in Ottoman Europe, c. 1830-1912.” (Vanderbilt University, 2024) and Daniel R. Quiroga-Villamarín, for “‘Architects of the Better World’: Democracy, Law, and the Construction of International Order (1919-1998),” (Graduate Institute of International and Development Studies, 2024).

The citation for Lilić’s "Empire of States":

Vladislav Lilić’s superb dissertation, “Empire of States: Law and International Order in Ottoman Europe, c. 1830-1912,” makes a strikingly original contribution to European and global legal history by supplanting familiar narratives of Balkan state formation. The dissertation traces how small Balkan states took shape not through the influence of surging nationalism but through conflicts conducted in the medium of imperial law. Lilić demonstrates that in Montenegro and Serbia varied sets of legal actors—from viziers and Ottoman officials to pastoralists and journeymen—engaged in legal disputes that gradually reset the coordinates of political belonging, property, and public order. As a result, provincial states emerged within the empire before featuring as states in the international order. The dissertation is elegantly structured and based on extensive research in multiple languages and archives, and it combines a deft narrative style with nuanced interventions in the literature on European sovereignty and legal pluralism in global perspective.

The citation for Quiroga-Villamarín's “‘Architects of the Better World’”:

Daniel R. Quiroga-Villamarín’s outstanding dissertation, “‘Architects of the Better World’: Democracy, Law, and the Construction of International Order (1919–1998),” constitutes a seminal contribution to both the history of international law and global legal history. By tracing what he designates as the “international parliamentary complex” during international law’s move to institutions in the short twentieth century (1919–1998), Quiroga-Villamarín reconstructs the formation of international parliaments from interwar Geneva to the conclusion of the Cold War. Attending to architectural and material templates originating in Europe and their subsequent translations across continents, the dissertation spatializes history and historicizes space, shifting the perspective from figurative “architectures” to tangible built environments. The conceptual framework proves particularly innovative, foregrounding how architecture simultaneously mirrored and enabled aspirations of global order. Drawing on extensive archival research in Europe, Africa, and the Americas, it situates its argument within a rigorous methodological apparatus and advances its findings in elegant and compelling prose.

Congratulations to both winners!

-- Karen Tani

Wednesday, October 8, 2025

CLH: Dialogues on Customary Law

 [We have the following announcement.  DRE]

Comparative Legal History: Dialogues on Customary Law.  5 November 2025 – 17:00-18:00hs (CET)

The journal Comparative Legal History is an official academic forum of the European Society for Comparative Legal History. Based in Europe, it welcomes contributions that explore law in different times and jurisdictions from across the globe. Submissions are currently welcome and are being assessed on a rolling basis. 

The journal will host a one-hour public session to discuss customary law in the context of comparative legal history. Editors (past and present) will present exploratory points, and all attendees will be invited to join in a general discussion. 

Customary laws were prevalent in Europe during the Middle Ages. In recent years there has been a resurgence in research projects concerning customary laws, and a number of questions need to be raised. To what extent are customary laws something that still needs to be studied? To what extent customary laws ought to be taught at universities to complement core modules such as family law, the laws of inheritance and property law to frame these topics in their historical context? To what extent is there merit in having journals and monograph series concentrate on comparative customary law? How should studies be undertaken? These, and other questions will be explored during this public session.

The event is free and open to the public, and it will take place via Teams. 

Registration is required by sending an email to clhdialogues@gmail.com.

Monday, September 15, 2025

CFP: Crime and Conjugality in Europe, pre-1800

[We have the following CFP.  DRE]

Call for papers: Crime and Conjugality in Europe, pre-1800.  6 July 2026, 9.00 AM - 6 July 2026, 6.00 PM.  All Souls College, University of Oxford.

We seek expressions of interest in participating in a one-day workshop on the theme of ‘crime and conjugality’ in European history prior to c. 1800, with the aim of producing an edited collection of essays on the topic thereafter. 

Context: Marriage is a social institution with complex functions and meanings that are neither transparent nor unchanging. It does much to determine many women’s legal capacity, social agency, and rights; it has shaped and been shaped by deeply gendered, patriarchal relations of power between and among women and men. As such, it has long been a site and source of conflicts both personal and political. The conversations at our one-day workshop will contribute to the historical analysis of this culturally significant pattern of social action by exploring its relationship with criminal law in the pre-modern past.  

The long history of marriage in Europe has been described as a shift from sacrament to contract but criminal law played parts in its regulation throughout. Even when canon law was the primary regulatory framework for ‘sacramental’ unions within Europe, the criminal laws of secular authorities also shaped marriage and the ways in which it served as an instrument in a wide field of power relations, well before state control and civil marriages came to dominate. We want to draw together a group of scholars whose work will afford new perspectives on marriage and its relationship with other social and political structures by looking comparatively at how criminal law helped define the institution before and during its early, haphazard ‘secularization’.  

The ultimate aim is a volume of essays in which individual chapters will examine how criminal law policed who could marry and how: which close personal relationships counted as conjugal? Other chapters will study how marriage altered criminal responsibility for acts otherwise understood when committed by the unmarried: what did marriage make lawful or unlawful? We aim to have chapters that explore the criminal law’s role in marriage both before and after the sixteenth-century religious reformation, in both civil and common law jurisdictions, and into the encounters that defined the colonial era, through to the emergence of civil marriage regimes. The collaborative, comparative format of a collection of essays by experts in the histories of different times and places seems the best way to examine the varied histories of this subject. Collectively, the papers will highlight some of the ways criminal law helped construct normative, functional distinctions between conjugal and non-conjugal relationships in pre-modern Europe. 

Possible topics for papers include but are not limited to the following: Abduction/forced marriage; adultery; bigamy; child Marriage; concubinage; legitimacy/bastardy; aestrictions on unions that crossed legal, national, racial, religious, sexual, social or other boundaries in ways deemed criminal; polygamy/plural marriage; spousal/intimate partner violence; spousal homicide; and marital status and criminal responsibility: behaviours made lawful or unlawful or differently categorised depending on the status of the actors (e.g., for men, theft from or the sexual or physical assault of women, and for women, spousal homicide and infanticide). 

If you are interested in participating in the workshop, with an eye to a possible contribution to the intended essay collection, please send a working title and a brief abstract (c. 300 words) to both organisers by 15 September 2025. 

Note that places for the workshop are limited, and booking, via Eventbrite, will be essential. A facility for booking will be added to this page in 2026.  While the workshop will be free to attend, we are unfortunately unable to cover travel or accommodation costs for participants.   

Contact addresses for the organisers: Gwen Seabourne (g.c.seabourne@bristol.ac.uk) and Krista Kesselring (krista.kesselring@dal.ca) 

Friday, August 1, 2025

Queen Mary Symposium on Wheatley's "Life and Death of States"

[We have word of the first event in a new collaboration between the Selden Society and the School of Law at Queen Mary University of London, an annual symposium on a “first book” of an author in the field of “historicising jurisprudence.’” A registration page for the event is still forthcoming.  DRE.]

Historicising Jurisprudence: First Book Symposium

2025 Selected Book: Natasha Wheatley, The Life and Death of States: Central Europe and the Transformation of Modern Sovereignty (Princeton UP, 2023)

Co-Sponsored by the Selden Society and the School of Law, Queen Mary University of London.  Co-Hosted and Co-Organised by Maks Del Mar and Michael Lobban.  30 September 2025.  Room 313, Department of Law, Queen Mary University of London, Mile End Campus

2-3pm: Opening Conversation with Natasha Wheatley (Princeton), Michael Lobban (Oxford), and Maks Del Mar (QMUL)

3-3.15pm Break

3.15 - 4.45pm Panel 1 – Chaired by Isobel Roele (QMUL)
Thinking with the book: Roxana Banu (Oxford), Anat Rosenberg (IALS), and Gerry Simpson
(LSE)

4.45-5pm: Break

5pm - 6.30pm Panel 2 – Chaired by Georgios Varouxakis (QMUL)
Thinking with the book: Charlotte Johann (QMUL), Alvin Jackson (Edinburgh), and Angus
Nicholls (QMUL)

6.30pm: drinks / nibbles

Wednesday, July 9, 2025

Exploring the Foundations of Contract Law

Cause and Consideration: Exploring the Foundations of Contract Law, an anthology edited by Bruno Rodríguez-Rosado, Rocío Caro Gándara, and Antonio Legerén-Molina, has been published by Hart/Bloomsbury.  The publishers tell us that you may order it online here and use the code GLR BD8 to get 20 percent off.

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration . . .  in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements.

Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.
–Dan Ernst. TOC after the jump.

Saturday, June 28, 2025

Weekend Roundup

  • Like us, you might have heard something about limited access to the collections at the National Archives, College Park.  Here is the latest that we've found, courtesy of the American Historical Association.  
  • We were very pleased to learn that the Law, Culture and the Humanities has given its James Boyd White Award to Robert W. Gordon.  H/t: SB
  • "John A. Kirk, George W. Donaghey Distinguished Professor of History at the University of Arkansas at Little Rock, has been awarded the Susie Pryor Award for his article examining the case of Mary Dinwiddie, the only African American woman sentenced to death in Arkansas during the 20th century."  More.  
  • A colloquy with Jill Hasday, University of Minnesota Law School, on her book, We the Men: How Forgetting Women’s Struggles for Equality Perpetuates Inequality (Minnesota Law).
  • "Kim Lane Scheppele will give Chautauqua Institution’s 21st annual Robert H. Jackson Lecture on the Supreme Court of the United States, on Monday, August 11, 2025, at 3:30 p.m." (Jackson List.) 
  • "Etta Haynie Maddox: First Woman Licensed to Practice Law in Maryland" (In Custodia Legis). 
  • "Why America Got a Warfare State, Not a Welfare State": Sam Moyn reviews Andrew Preston’s Total Defense: The New Deal and the Invention of National Security (New Republic).   
  • The eighth biennial conference of the European Society for Comparative Legal History begins next week at the University of Szeged (ESCLH).
  • Lawbook Exchange's June 2025 catalogue of Scholarly Law & Legal History: Part 1 and Part 2.

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.  

Friday, June 13, 2025

Poldnikov on Dialogical Narrative in Comparative Legal History

Dmitry Poldnikov, MGIMO University, Moscow, has posted Dialogical Narrative in Comparative Legal History:

As a well-established academic discipline, legal history offers a wide range of methodological tools. Many among them are rooted in the classical paradigm and face the challenge of the "postclassical turn" in humanities. This paper advocates a dialogical approach for legal history, asserting that profound understanding arises from an active "communication" with past legal systems through historians posing meaningful questions to historical documents, a concept drawing from comparative law. It first examines legal history's "vocation," touching upon Savigny's "Volksgeist" and the historicism-universalism debate, before critiquing the limitations of isolated traditional approaches like legal positivism, natural law theory, and sociological jurisprudence, which risk oversimplification or anachronism. As a constructive alternative, the paper advocates for a communicative, narrative-based approach, viewing legal history as a historian-constructed narrative in line with post-classical legal thought. A methodological framework for this dialogical and comparative legal history-encompassing descriptive reconstruction, causal explanation, and critical evaluation-is proposed. This framework is then vividly applied to a detailed comparative analysis of a single casus: the collision of carts from the Digest (D. 9.2.52.2). The paper examines how Roman law, English common law, Romano-canonical ius commune, Sharia (Fiqh), and Imperial Chinese law might have uniquely approached this problem. This micro-historical comparison reveals that the distinct style and substance of these legal traditions are fundamentally shaped by the specific questions they pose and the methods they employ for resolution. The paper concludes by affirming that such a sustained, questioning dialogue with historical legal sources is indispensable for constructing meaningful narratives that illuminate both the particularity of past legal systems and their enduring relevance to contemporary legal understanding. 

--Dan Ernst 

Friday, May 9, 2025

Dworniczak et al. on Legal Transplants

Dominik Dworniczak, Dorota Nowacka, Carolina Paulesu, Mathias Siems, and Onur Ucarer have posted The Notion of Legal Transplants Beyond the Anglosphere: Decentring the Debate:

Legal transplants are key to understanding the evolution of law in a global context. Current debates on this topic focus predominantly on publications in English. By contrast, this article explores how scholars in French, German, Italian, Polish, Spanish and Turkish language publications have discussed the idea of legal transplants. It identifies alternative terms used in these languages and examines how debates on legal transplants vary across different countries, considering historical, doctrinal, theoretical and critical perspectives. The analysis reveals that each country's legal history results in diverse approaches to legal transplants, in particular each country's role as a donor or recipient. While acknowledging some influence of Anglophone scholarship, this research thus emphasises home-grown discussions predating this literature and highlights the absence of a fully integrated transnational legal discourse. Moreover, the article advocates for a normative shift towards a more critical and cosmopolitan evaluation of legal transplants, also paying closer attention to their design ex-ante.
--Dan Ernst

Friday, April 11, 2025

Fitzsimmons on the French Constitution of 1791

Michael P. Fitzsimmons has published The Forgotten Constitution: The Origins, Realization, and Legacy of the French Constitution of 1791 (Oxford University Press):

The French Constitution of 1791 has a major legacy that overturned many centuries of historical tradition but remains little known outside of France. It ratified the unprecedented transformation of a society based on monarchy-centered government and legal privilege to one based on a sovereign citizenry and legal equality. Its powerful impact served as the inspiration for the wave of constitution-making that engulfed Europe during the nineteenth century and expanded globally thereafter. Furthermore, with the Declaration of the Rights of Man and Citizen as its original preamble, the Constitution of 1791 is associated with the concept of human rights proclaimed by the United Nations in the Universal Declaration of Human Rights in 1948.

Drawing on wide-ranging and long-overlooked manuscript sources, The Forgotten Constitution highlights the Constitution of 1791's underappreciated importance and influence in the world. The constitution was the product of a long-term crisis of the Bourbon monarchy grounded in fears of despotism. The idea of a constitution took hold during the 1780s as the means to stabilize the kingdom through a more equitable distribution of power while attempting to accommodate a king. By making a constitution a compact between monarch and people, by its written assurance of civic and natural rights, and by its assertion of legal equality as an essential element of political legitimacy, the Constitution of 1791 codified the principles of the French Revolution. This book shows how it was the French constitutional tradition, inspired by the Constitution of 1791, that drove the Western constitutional ideal, especially in the revolutions of 1848.
--Dan Ernst

Monday, January 20, 2025

Lordship and the Decentralised State in Late Medieval Europe

New from Oxford University Press: Lordship and the Decentralised State in Late Medieval Europe, edited by Erika Graham-Goering, Jim van der Meulen, and Frederik Buylaert.

The origins of modern European states are often traced back to the expansion of royal and princely authority in the late Middle Ages, transforming scattered power structures into centralised governments.

Lordship and the Decentralised State in Late Medieval Europe
rethinks state formation as a process of decentralisation, exploring how these governments willingly left power to lesser political players. It challenges the assumption that the rise of states made lordship obsolete, showing instead how distributing authority among local lords reinforced the development of new political systems.

The contributors tackle this fresh perspective on lordship and state formation from two complementary angles. Detailed snapshots of lordship in France and the Low Countries assess the political significance of different aspects of lordly power. Historiographical essays discuss frameworks for understanding relationships between lordship and the state in contexts across Europe. These comparative perspectives establish an innovative approach to a key question in political history.
--Dan Ernst.  TOC after the jump.

Tuesday, August 27, 2024

Colonial Legacies in Public Law

[We have the following announcement.  DRE]

Call for Applications: Colonial Legacies in Public Law: histories, theories, pitfalls and potentials.  Tuesday, January 14, 2025 - Thursday, January 16, 2025, 12:00 PM - 5:00 PM.  Organisers: Mohsin Bhat, Tanzil Chowdhury and Eva Nanopoulos.

The Queen Mary Centre of Law and Society in a Global Context (CLSGC) is thrilled to announce a Masterclass with Professor Philipp Dann that will take place on 14-16 January 2025.

The legacies of empire and colonialism are becoming visible everywhere these days. They shape various debates in public law but also indicate a new phase of globalization. The Masterclass will study these legacies and discuss their various dimensions and implications in comparative constitutional, public international and European Union law. The Class will draw on history and political theory, especially post-/decolonial theories to contextualize public law. It will use examples (such as the concept of development and democracy) to understand how empire and colonialism have shaped constitutional, international and European Union law and their scholarly reflection over time. But it will also turn to the future and ask participants to explore the potentials (and pitfalls) for re-imagining public law and its scholarship in the 21st century through the colonial lens. The Class is an invitation to rethink public law and the role of legal scholarship in a truly global way mindful of the broader legacies of modernity and colonialism.

Please note the start and end times listed are provisional and will be confirmed at a later date.

Overview of the sessions

Session 1: Comparative Constitutional Law, the Southern Turn and Reflexive Globalization – argument and framing

On the first day, the general theme of the class will be introduced and a framework of analysis established. This includes a basic engagement with colonial history and postcolonial thought as well as a reflection on the attention of public law scholarship to these dimensions so far. The class will discuss the overarching argument that a ‘Southern Turn’ and an understanding of colonial legacies provides a foundation to rethink the conceptual vocabulary of public law in the 21st century. Comparative constitutional law is a paramount area for such reflexive rethinking of public law theory.

Session 2: International law and the concept of development

The second day will turn to international law, the scholarship of which was the first to engage with colonial legacies. The class will situate and discuss Third World Approaches to International Law (TWAIL). It will then engage in particular with the concept of development as the central paradigm to structure South-North relations in the 20th century and study its implications for international institutional, economic and human rights law in shaping international law up until today.

Session 3: Constitutional thought in reflexive globalization: examples of temporality and democracy

On day Three, the class will return to the initial argument that basic notions and the conceptual vocabulary of public law are in (and need) a process of reflexive rethinking in order to grasp and structure the realities of public authority in the multipolar world of the 21st century. The class will turn to two examples that will demonstrate this process and possible outcomes of such reflexive rethinking. One is the perspective of time and temporality that allows us to highlight distinct elements of public law; the other example is democracy, a universally used notion, which still rests on conceptual considerations arising from 19th and early 20th century Europe even though it has traveled long ago.

Session 4: European Public Law and the legacies of Empires

Scholarship on the law of the European Union as well as the law of European states has been late in engaging with postcolonial perspectives. Day Four of the class will engage with reasons for this obliviousness – and then examine various colonial legacies in these two and entangled bodies of public law. Through the colonial lens, concept such as the state (and community of states), citizenship and the common market take on new contours and become more contested and less solid as generally assumed.

About Professor Philipp Dann.  Philipp Dann is Professor at Humboldt University Berlin, where he holds the Chair in Public and Comparative Law. His research focuses on the role of law in the encounter and entanglement between South and North – in international, comparative and European law, in legal theory and legal history. He has published three monographs, ten edited volumes and is the editor-in-chief of the quarterly journal “World Comparative Law”. He is a co-founder of the ‘Law and Development Research Network’, a co-chair of the ICON chapter Germany and a principal investigator at research clusters ‘Contestations of the Liberal Script’ and ‘Varieties of Constitutionalism’. He has advised governments and other parties on constitutional matters and questions of law and development.

Format.  The Class will be text- and discussion-oriented, based on a reader comprising texts by Professor Dann and other eminent works in the field. It will unfold through four sessions of 3 hours each.   Each session will be composed of three elements: An introductory lecture by Professor Dann on the theme; discussions among smaller groups on the lecture and the assigned readings guided by an open set of questions; and a plenary discussion on the theme with Professor Dann.

Application process.  The Class is addressed to academic researchers (including PhD and postdoctoral students) with research interests broadly aligned within the themes of the Class.  Applications should be sent to Eva Nanopoulos: e.nanopoulos@qmul.ac.uk by the 20 September, with the following information:  Name; Current institution; Country of origin; Gender; Statement of interest (500 words); CV upload (up to 3 or 4 pages).

Tuesday, June 18, 2024

European and Latin American Experiences from a Legal Historical Perspective

An initial volume of Law and Diversity: European and Latin American Experiences from a Legal Historical Perspective (2023), edited by Peter Collin and Agustin Casagrande and devoted to "Fundamental Questions" has been published open access in the Global Perspectives on Legal History series of the Max-Planck-Institut für Rechtsgeschichte und Rechtstheorie:

The principle of equality is one of the cornerstones of modern legal systems. Modern law is based on equality, and therefore assumed to stand in sharp contrast to the law of pre-modern, estates-based societies characterised by special legal regimes for particular groups or individuals. However, it is worth asking if this dichotomy can perhaps only be maintained if one looks solely at the fundamental postulates and the major codifications with their equality-orientated system formations. ‘Modernity’, too, is highly socially differentiated and continues or transforms ‘pre-modern’ distinctions to a not inconsiderable extent. All of this is often reflected in special rules created by the state or by the groups themselves – even if, in the latter case, they are often not recognised as law.

In this volume, the term ‘diversity’ denotes constellations of social difference that are relevant to normativity. This understanding of diversity only partially overlaps with the categories of postmodern diversity discourses. Rather, this volume’s central questions ask what social differences are relevant to normativity, to what extent and in what respect. Or, to relate it more specifically to the relationship between law and diversity: which social differences also make a difference to the law?

A comparative look at European and non-European developments provides a broader perspective on these issues. In this context, Latin America is a particularly fruitful field of investigation. On the one hand, a translation of European legal traditions already took place during the colonial period and, after independence, Latin American states striving for modernity often took recourse to European legal ideas and regulatory models. On the other hand, the legacy of the colonial past continued to have a formative influence, and the social differentiation to which the law had to respond was largely different from that in European societies.

To ensure that bringing together European and Latin American perspectives did not result in a series of mere juxtapositions, the contributions on the development of a specific national legal system are accompanied by comments written by experts on other national legal systems. These comments, firstly, outline the comparative development in a different state and, secondly, highlight differences and similarities. European and Latin American authors alternate. The period under discussion is the last 200 years.  

In volume 1, the authors deal with fundamental questions of law and diversity. Further volumes on public law, private law and criminal law will follow.

--Dan Ernst

Tuesday, March 19, 2024

Book Event: di Robilant's "Making of Modern Property Law"

[We have the following announcement.  DRE.]

Please Join us for a Book Symposium featuring Anna di Robilant to celebrate the publication of The Making of Modern Property: Reinventing Roman Law in Europe and its Peripheries 1789–1950 on Tuesday, March 26th, 2024.

In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.
Panelists: Anna di Robilant, Boston University School of Law; K-Sue Park, UCLA School of Law; Lua Yuille, Northeastern University School of Law.  Moderated by Gary Lawson, Boston University School of Law.  Lunch available in Barristers Hall at 12:00pm.  Register here.

Learn more about The Making of Modern Property: Reinventing Roman Law in Europe and its Peripheries 1789–1950 with Anna di Robilant on BU Law’s The Record podcast.