12 December 2017

Juris Diversitas 6th Annual Conference, Call for Papers

CALL FOR PAPERS


JURIS DIVERSITAS
6th ANNUAL CONFERENCE

June 25-27, 2018

Potchefstroom, South Africa


In partnership with
Faculty of Law, North-West University, Potchefstroom & the Centre for Comparative Law in Africa

Law, Roots & Space

The Theme:
A couple of lawyers’ old friends: ‘Sources’ and ‘Jurisdictions’. In their parlance, these notions are often associated to modern, ‘positive’ law.
The idea of ‘Legal formants’ has been introduced to complete the picture, flexibilising it, making it more accurate, nuanced, realistic; an idea associated to comparative, socio-legal, anthropologic studies.
With ‘Roots’ and ‘space’ geographers, historians, political scientists get involved. These are certainly less frequent notions in legal circles: we may still wish to make friends with them, to enrich our perception of legal phenomena.
Roots’ is often associated to history of law and related discourses – if legal formants may complete a picture, legal roots do complete the movie, so to speak.
Space’: an open notion, perhaps a non-notion in modern legal discourse, generic enough to include every spatial dimension of legal phenomena: dissemination of movie theaters and other forms of diffusion of the various show-biz products could be the appropriate metaphor here, including space law and virtual property.
A legal discourse that goes beyond the checkboards, or the series of juxtaposed swimming pools – Tetris-style – containing water from their respective individual sources, produced by modern, Westphalian conceptions of the law. It goes, instead, to normative forces producing their effects without a precise geographic boundary: like radio stations, magnetic or gravitational fields. Or like intricate sets of rivers, lakes, canals, ponds, infiltrated wetlands, oceans, weather, all contributing to a locally diversified but still unitary eco-system and bio-sphere of water, landscape, vegetation, fauna.
A discourse on normative forces and the fuzziness of their historic and geographic reach.
Submissions:
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions featuring three presentations of twenty-minute each will be the pattern, we welcome creative arrangements.
Proposals should be in English or in French. Proposals of circa 250 words (or 1000 words for panel proposals with three or more speakers) should be submitted to Professor Salvatore Mancuso atSalvatore.Mancuso@ac.ac.za or Professor Christa Rautenbach at: Christa.Rautenbach@nwu.ac.za by December 15, 2017, with a short biography paragraph listing major or relevant publications. Make this a single Word document with minimal formatting, so that proposal and biography can be copied easily into the conference program.
Registration Fees:
€200 or €125 for Juris Diversitas members paid up for 2018. 
Special rate for young scholars under the age of thirty coming the first time and for scholars in developing nations: €150 or €75 for Juris Diversitas members paid up for 2018.
Note that fees do not cover travel, accommodation, or the conference dinner (€25).
Additional Information:
Information regarding accommodation options, travel, other conferences in South Africa, payment methods, etc. will be provided soon.

11 October 2017

Call for Papers - Flags, Identity, Memory: Critiquing the Public Narrative through Color

Flags, Identity, Memory: Critiquing the Public Narrative through Color

Anne Wagner and Sarah Marusek (eds)

In our project, the identification of “identity” employs culturally specific color codes and images that conceal assumptions about members of a people comprising a nation, or a people within a nation. Flags narrate constructions of belonging that become tethered to negotiations for power and resistance over time and throughout a people’s history. Bennet (2005) defines identity as “the imagined sameness of a person or social group at all times and in all circumstances”. While such likeness may be imagined or even perpetuated, the idea of sameness may be socially, politically, culturally, and historically contested to reveal competing pasts and presents. Visually evocative and ideologically representative, flags are recognized symbols fusing color with meaning that prescribe a story of unity. Yet, through semiotic confrontation, there may be different paths leading to different truths and applications of significance.

Knowing this and their function, we should investigate these transmitted values over time and space. Indeed, flags may have evolved in key historical periods, but contemporaneaously transpire in a variety of ways. We should therefore investigate these transmitted values:

- Which values are being transmitted?

- Have their colors evolved through space and time? Is there a shift in cultural and/or collective meaning from one space to another?

- What are their sources?

- What is the relationship between law and flags in their visual representations?

- What is the shared collective and/or cultural memory beyond this visual representation? Considering the complexity and diversity in the building of a common memory with flags, we would suggest our contributors interrogate the complex color- coded sign system of particular flags and their meanings attentive to a complex

configuration of historical, social and cultural conditions that shift over time.

For the reference book:

Abstracts should be submitted by April 1, 2018 to Anne Wagner (valwagnerfr@yahoo.com) and Sarah Marusek (marusek@hawaii.edu). Acceptance will be sent by May 31, 2018 with other instructions.


A PRELIMINARY CONFERENCE WILL BE ORGANIZED FROM 7 TO 9 February 2018 at the Université de Lille 2 (France). 

Should you wish to participate to this conference, please send an abstract by 2 January 2018 at the latest to Anne Wagner (valwagnerfr@yahoo.com).

Further information about registration fees will be sent afterwards.


Anne Wagner, Ph. D., Habilitation à Diriger des Recherches - Qualifiée
Associate Professor, Université du Littoral Côte d'Opale (France)
Correspondante LANSAD/CRL - CGU CALAIS
Centre Droit et Perspectives du Droit, Equipe René Demogue - Université de Lille II (France)
Research Professor, China University of Political Science and Law (Beijing - China)
Editor-in-Chief of the International Journal for the Semiotics of Law - http://www.springer.com/law/journal/11196
Series Editor, Law, Language and Communication - Routledge (https://www.routledge.com/series/ASHSER1363)

President of the International Roundtables for the Semiotics of Law - http://www.semioticsoflaw.com/

09 October 2017

New Publications from Klaus Schwarz Verlag, Berlin

New Publications / Neuerscheinungen

Gábor Hamza
Studies on Legal Relations between the Ottoman Empire/the Republic of Turkey and Hungary, Cyprus, and Macedonia
Selected Essays in Hungarian, English, German, and Turkish
With a foreword by Kinga Hazai, a postface by J. Hóvári, and a devotement by György Hazai
Berlin 2017, Hardcover, 240
pp., 978-3-87997-463-448,00
Gábor Hamza's studies contribute immeasurably to the understanding of the history of civil law, the different codification processes and its cross-border influence. Comparative legal studies such as his are not only invaluable for fathoming the various ways in which society can exist but also pave the way for future legal experts to one day achieve the long desired co-existence and mutual respect between differencing cultures and religions.
Şuayip Seven

Traditionelle Hadith-Hermeneutik
im Zusammenhang mit modernen Ansätzen der Ankaraner Schule
Islamkundliche Untersuchungen 335
Berlin 2017. Hardcover, 337 S., 978-3-87997-470-2 € 49,80
Şuayip Seven stellt die Gedankenstrukturen zweier Ausrichtungen der traditionellen Hadithwissenschaften, der traditionalistischen und der teleologischen, gegenüber und setzt sie zu modernen Ansätzen der Ankaraner Schule in Beziehung. Er plädiert dafür, in der modernen Hadith-Hermeneutik an diese bis heute wenig beachtete sinn- und zweckorientierierte Gelehrsamkeit in der traditionellen Hadithwissenschaft anzuknüpfen.
Please find here a complete list of our new and forthcoming publications.
Hier finden Sie eine vollständige Liste unserer neuen und in in Vorbereitung befindlichen Publikationen:

03 October 2017

Juris Diversitas 6th Annual Conference, Call for Papers

CALL FOR PAPERS


JURIS DIVERSITAS
6th ANNUAL CONFERENCE

June 25-27, 2018

Potchefstroom, South Africa


In partnership with
Faculty of Law, North-West University, Potchefstroom & the Centre for Comparative Law in Africa

Law, Roots & Space

The Theme:
A couple of lawyers’ old friends: ‘Sources’ and ‘Jurisdictions’. In their parlance, these notions are often associated to modern, ‘positive’ law.
The idea of ‘Legal formants’ has been introduced to complete the picture, flexibilising it, making it more accurate, nuanced, realistic; an idea associated to comparative, socio-legal, anthropologic studies.
With ‘Roots’ and ‘space’ geographers, historians, political scientists get involved. These are certainly less frequent notions in legal circles: we may still wish to make friends with them, to enrich our perception of legal phenomena.
Roots’ is often associated to history of law and related discourses – if legal formants may complete a picture, legal roots do complete the movie, so to speak.
Space’: an open notion, perhaps a non-notion in modern legal discourse, generic enough to include every spatial dimension of legal phenomena: dissemination of movie theaters and other forms of diffusion of the various show-biz products could be the appropriate metaphor here, including space law and virtual property.
A legal discourse that goes beyond the checkboards, or the series of juxtaposed swimming pools – Tetris-style – containing water from their respective individual sources, produced by modern, Westphalian conceptions of the law. It goes, instead, to normative forces producing their effects without a precise geographic boundary: like radio stations, magnetic or gravitational fields. Or like intricate sets of rivers, lakes, canals, ponds, infiltrated wetlands, oceans, weather, all contributing to a locally diversified but still unitary eco-system and bio-sphere of water, landscape, vegetation, fauna.
A discourse on normative forces and the fuzziness of their historic and geographic reach.
Submissions:
Panel proposals and interdisciplinary presentations are strongly encouraged, as is the participation of doctoral students and scholars from outside of the discipline of law. While parallel sessions featuring three presentations of twenty-minute each will be the pattern, we welcome creative arrangements.
Proposals should be in English or in French. Proposals of circa 250 words (or 1000 words for panel proposals with three or more speakers) should be submitted to Professor Salvatore Mancuso at: Salvatore.Mancuso@ac.ac.za or Professor Christa Rautenbach at: Christa.Rautenbach@nwu.ac.za by December 15, 2017, with a short biography paragraph listing major or relevant publications. Make this a single Word document with minimal formatting, so that proposal and biography can be copied easily into the conference program.
Registration Fees:
€200 or €125 for Juris Diversitas members paid up for 2018. 
Special rate for young scholars under the age of thirty coming the first time and for scholars in developing nations: €150 or €75 for Juris Diversitas members paid up for 2018.
Note that fees do not cover travel, accommodation, or the conference dinner (€25).
Additional Information:
Information regarding accommodation options, travel, other conferences in South Africa, payment methods, etc. will be provided soon.

11 September 2017

The Santillana Codes, by Dan E. Stigall

The Santillana Codes: the Civil Codes of Tunisia, Morocco, and Mauritania. In that book, my objects of focus are the civil codes in force in Tunisia, Morocco, and Mauritania.  The book also explores the history of their “intellectual father” – a Jewish man from Tunisia named David Santillana (1855 – 1931) who was a masterful comparativist and an expert in both Islamic law and European legal systems.  It also touches on the importance of civil codes in facilitating stability in volatile regions.
These subjects are difficult and intriguing due to the persistent lacunae in the literature regarding the law and legal history of Maghrebian and Sahelian states—a veil of obscurity which has served to undervalue African, Islamic, and Jewish contributions to global legal development.  The aim of my forthcoming book is, therefore, to dispel this obscurity by illuminating the work of David Santillana, an influential jurist and lawyer who worked in North Africa and Europe during the latter nineteenth and early twentieth centuries and his innovative approach to codification.  Beyond that, I aim to show how the legal histories and cultures of each relevant country contributed to this distinct class of uniquely African civil codes that are still in force today in a legal arc that extends from the Maghreb to the Sahel.

About the Author:

Dan E. Stigall is an attorney with the U.S. Department of Justice, Counterterrorism Section, National Security Division. He previously served on active duty in the U.S. Army JAG Corps from 2001-2009, serving in Europe, the Middle East, and the United States. LL.M., 2009, George Washington University School of Law; J.D., 2000, Louisiana State University, Paul M. Hebert Law Center; B.A., 1996, Louisiana State University.
Dan E. Stigall is a Contributing Fellow of the LSU Center of Civil Law Studies.

Additional Information:

This forthcoming book can already be ordered online. See: Friends of the Law Library of Congress
To download order form with 30% discount (valid until October 1, 2018), click here.

02 September 2017

6th Annual Conference in South Africa: Mark your Calendar

Juris Diversitas will hold its 6th Annual Conference during the last week of June 2018 (25-29 June). 

Venue: 
Faculty of Law
North-West University
Potchefstroom

South Africa

Topic: 
Law, Roots & Space

Call for Papers to be sent shortly.

05 August 2017

Call for Papers : Law’s Porosities

Call for Papers : Law’s Porosities


The North-American section of the Société de législation comparée is organizing a bilingual conference (French-English) on “Law’s Porosities” on October 26, 2017 in Washington, D.C. at the American University Washington College of Law, in conjunction with the American Society of Comparative Law’s annual meeting, which will be held on October 27 and 28, 2017. Presentations in English or French are welcome.
The Keynote lecture will be delivered by Mireille Delmas-Marty, Professor Emerita, Collège de France.
There is no cost to attend either or both meetings, and reduced hotel costs will be available to anyone registered for either or both meetings.
Please send a short abstract of your proposed presentation before August 31 to VivianeCurran@pitt.edu.
Details for registration will be posted soon on the site of the American Society of Comparative Law: http://ascl.org/
We are hoping to see many of you in Washington!
-Vivian Curran, President, North-American Section, Société de législation comparée and
            President, American Society of Comparative Law
-George Bermann, Vice-President, North-American Section, Société de législation comparée

Appel à communications : Porosités du droit


La Section nord-américaine de la Société de législation comparée organise une conférence bilingue (français-anglais) sur les « Porosités du droit » le 26 octobre 2017 à Washington, D.C. à l’American University Washington College of Law, en conjonction avec la conférence annuelle de l’American Society of Comparative Law qui aura lieu le 27 et 28 octobre 2017.  Les interventions en langue française ou anglaise seront bienvenues.
Discours d’ouverture par Madame le Professeur Mireille Delmas-Marty, Pr. émérite, Collège de France
Entrée gratuite aux deux conférences et tarifs réduits pour le logement avec inscription à l’une ou aux deux conférences.
Prière d’envoyer un court résumé de votre intervention proposée avant le 31 août à VivianeCurran@pitt.edu.
Précisions pour inscriptions se trouveront bientôt sur le site de l’American Society of Comparative Law :
http://ascl.org/
Espérant vous voir nombreux à Washington !
-Viviane Curran, Présidente de la Section nord-américaine de la SLC et
Présidente de l’American Society of Comparative Law

-George Bermann, Vice-Président de la Section nord-américaine de la SLC

04 August 2017

New from Hart

New from Hart Publishing
I am pleased to announce the publication of the title(s) shown below. If you would like to order with your 10% discount you can do so through our US distributor’s website (please quote the reference HART EMAIL in the voucher code field and click ‘apply’).
Alternatively please contact ISBS directly to place your order (details below).


Criminal Sentencing as Practical Wisdom
Graeme Brown

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.
Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or ‘practical wisdom’), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of ‘instinctive synthesis’, it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Graeme Brown LLB (Hons), LLM, MSc, MJur (Dunelm), PhD (Edin), Dip LP is a solicitor and Honorary Fellow in the School of Law, University of Edinburgh.

June 2017     9781509902613     304pp     Hardback     RSP: $108

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)


Human Rights and Judicial Review in Australia and Canada
The Newest Despotism?
Janina Boughey

It is commonly asserted that bills of rights have had a ‘righting’ effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this ‘righting’ hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently ‘formalist’, ‘legalist’ and ‘conservative’ approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

Janina Boughey is a Lecturer in Public Law at Monash University.


June 2017     9781509907861     320pp     Hardback     RSP: $108

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)


General Principles of Law
European and Comparative Perspectives
Edited by Stefan Vogenauer and Stephen Weatherill

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.
Stephen Weatherill is Jacques Delors Professor of European Law, University of Oxford.


June 2017     9781509910717     432pp     Hardback     RSP: $114

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+ postage)


Gender Equality in Law
Uncovering the Legacies of Czech State Socialism
Barbara Havelková

Praise For The Book
‘In ‘Gender Equality in Law: Uncovering the Legacies of Czech State Socialism’, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková’s compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious.’
Professor Judy  Fudge, Kent Law School

Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today.
The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the ‘natural social order’. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Barbara Havelková is the Shaw Foundation Fellow in Law at the University of Oxford.


June 2017     9781509905867     368pp     Hardback     RSP: $94

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $84.60 (+ postage)


The Fundamental Right to Data Protection
Normative Value in the Context of Counter-Terrorism Surveillance
Maria Tzanou

Since the entry into force of the Lisbon Treaty, data protection has been elevated to the status of a fundamental right in the European Union and is now enshrined in the EU Charter of Fundamental Rights alongside the right to privacy. This timely book investigates the normative significance of data protection as a fundamental right in the EU. The first part of the book examines the scope, the content and the capabilities of data protection as a fundamental right to resolve problems and to provide for an effective protection. It discusses the current approaches to this right in the legal scholarship and the case-law and identifies the limitations that prevent it from having an added value of its own. It suggests a theory of data protection that reconstructs the understanding of this right and could guide courts and legislators on data protection issues. The second part of the book goes on to empirically test the reconstructed right to data protection in four case-studies of counter-terrorism surveillance: communications metadata, travel data, financial data and Internet data surveillance. The book will be of interest to academics, students, policy-makers and practitioners in EU law, privacy, data protection, counter-terrorism and human rights law.

Maria Tzanou is a Lecturer in Law at the University of Keele.


June 2017     9781509901678     320pp     Hardback     RSP: $94

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $84.60 (+ postage)


Religion, Equality and Employment in Europe
The Case for Reasonable Accommodation
Katayoun Alidadi

Praise For The Book
'This book offers a comprehensive exploration of a traditionally neglected theme which is of great practical significance for the prosperous development of multi-religious societies. Alidadi presents an innovative combination of findings from different normative and empirical disciplines, particularly law and sociology, and offers critical contributions to central debates within legal theory, including on the meaning of State neutrality vis-à-vis religion, secularity, formal and substantive equality, diversity and multiculturalism …a 'must' for everyone in the future dealing with issues of religious freedom, tolerance or discrimination in the workplace.'
Heiner Bielefeldt, Professor of Human Rights and Human Rights Policy at the University of Erlangen and Former UN Rapporteur on Freedom of Religion or Belief

'…a timely, expansive, and tremendously important book which offers a smart, sophisticated examination of divisive issues. Alidadi presents her thought-provoking argument in a balanced and compelling fashion.... The case for reasonable accommodation may very well provoke opposition in the current socio-political European context. But there can be no doubt that this rich study will have an impact on any future academic discussion on the accommodation of religious diversity in the workplace.'
Rik Torfs, Professor of Canon Law and University Chancellor Catholic University of Leuven, Belgium

'Alidadi’s work will rapidly emerge as the premier study of religion in the workplace.  Drawing on extensive empirical and legal research, she provides a powerful analysis pointing to the crucial importance of reasonable accommodation as a vital solution not only in employment settings, but in the larger context of our increasingly diverse societies.'
W. Cole Durham, Jr., Founding Director, International Center for Law and Religion Studies, Brigham Young University Law School

The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms?
Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe’s two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.

Katayoun Alidadi is an Assistant Professor of Legal Studies at Bryant University (Smithfield, RI, USA) and a Research Associate at the Max Planck Institute for Social Anthropology (Halle, Germany). Her work focuses on human rights, conflict of laws, employment law and the intersections of law and religion. She was awarded the 2013 Ius Commune Prize for her research on reasonable accommodation for religion and belief. Katayoun holds a PhD in law from the KULeuven (Leuven, Belgium) and an LL.M. from Harvard Law School (Cambridge, MA, USA).

June 2017     9781509911370     320pp     Hardback     RSP: $108

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $97.20 (+ postage)


07 June 2017

New Comparative Law Titles from Hart Publishing

New from Hart Publishing


Personal Insolvency in the 21st Century
A Comparative Analysis of the US and Europe
Iain Ramsay

Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law.
The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Iain Ramsay is Professor of Law at the University of Kent.

May 2017     9781849468091     224pp     Hardback     RSP: $74

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $66.60 (+ postage)


Constitutional Courts, Gay Rights and Sexual Orientation Equality
Angioletta Sperti

In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality.
This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination.
It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays’ and lesbians’ rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.

Angioletta Sperti is Associate Professor of Comparative Public Law at the University of Pisa.


May 2017     9781782256427     256pp     Hardback     RSP: $88

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $79.20 (+ postage)


Minimum Contract Justice
A Capabilities Perspective on Sweatshops and Consumer Contracts
Lyn K L Tjon Soei Len

The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as ‘normal’ market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law.
Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.

Lyn K L Tjon Soei Len is an Assistant Professor of Law and International Feminist Studies in the Women’s Studies Program at the University of New Hampshire and a researcher at the Law School, University of Amsterdam.

May 2017     9781782257097     176pp     Hardback     RSP: $68

DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $61.20 (+ postage)

Please click here for more information about this title and to order online

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