Ius Commune Workshop on Comparative Legal History 2016

Ius Commune in the Making: The Place of Legal Sources in the History of Private Law

The 21st Ius Commune Conference will take place in Maastricht from 24-25 November 2016, and a panel will be devoted to the role of legal sources in the history of Private Law.

Legal changes can be often explained by attending the interaction of legal actors, legal sources, and legal institutions. Legal sources indeed play an important role and occupy a paramount place in the shaping of private law. They offer the necessary building blocks for private law, together with a playfield for legal actors and legal institutions. The current Workshop builds on a previous Workshop on Comparative Legal History held during the 19th Ius Commune Conference and that explored the role of legal actors.

The current Workshop aims now to explore the place of legal sources promoting or hindering changes in private law. Perspectives will be extracted from different time periods, including Roman law, Ius commune, nineteenth-century codification, and the more recent efforts towards an European private law harmonization. The praetorian Edict, medieval glosses and commentaries, early modern handbooks on natural or customary law, collections of judicial decisions since the end of the early modern period, the modern codifications all related differently to legal and societal changes. The question is whether these sources promoted private law to be in harmony (Einklang) with society and societal changes.

Abstracts:

Senior researchers and PhD candidates are invited to submit an abstract of a paper related to the above mentioned theme. Abstracts (aprox. 400 words) should be sent to Agustin Parise (agustin.parise@maastrichtuniversity.nl) by July 20, 2016.

For further information, please contact:

Harry Dondorp (j.h.dondorp@vu.nl)
Michael Milo (j.m.milo@uu.nl)
Pim Oosterhuis (janwillem.oosterhuis@maastrichtuniversity.nl)
Agustin Parise (agustin.parise@maastrichtuniversity.nl)

Research Fellowship in European Administrative History

JEV Research Fellowship for European Administrative History 2017

The research fellowship is donated by Professor Erk Volkmar Heyen who until his retirement had been holder of the chair of Public Law and European Administrative Law at the Ernst Moritz Arndt University Greifswald. He was also the editor of the “Jahrbuch für europäische Verwaltungsgeschichte/Yearbook of European Administrative History” (JEV). His awarding is based on a selection procedure organized by the Max Planck Institute.

Applications for the year 2017 can be submitted until 30 September 2016.

For further information please s click here or email Dr. Peter Collin (collin@rg.mpg.de)

 

Doing Women’s Legal History

As we approach the centenary in 2019 of women’s admission to the legal profession in the UK and Ireland, lawyers and legal scholars have initiated several projects to mark this achievement which aim to uncover and recover the history of women’s experiences of law. These include the Women’s Legal Landmarks project, the First 100 Years project and the First Women Lawyers in Great Britain and the Empire Symposium series. This is a golden age for legal scholars undertaking historical work on women and law and for historians working on legal issues.

At the same time, many scholars involved in these and other projects face challenges of methodological insecurity, if not ignorance, because they are working outside their own discipline and sources. Women’s legal history, while well-developed in North America, is still in its infancy in the UK and Ireland.

A conference will take place at the Institute of Advanced Legal Studes in London on 26 October 2016.

The aim of this conference is to bring together scholars working in the field to share experiences of doing women’s legal history, to learn from each other, and to build and develop the discipline of feminist legal history (that is, women’s legal history from a feminist perspective) in the UK and Ireland.

Plenary speakers

There will be two plenary speakers at the conference:

  • June Purvis, feminist historian, editor of the Women’s History Review and convenor of the Women’s History Network, who will talk about researching the suffragette movement from a feminist perspective and how the suffragettes have so often been represented by traditional (usually male) historians as mad, irrational, and damaging to the cause of votes for women; and
  • Gillian Murphy from the Women’s Library at the LSE, who will discuss the holdings of the Women’s Library including both primary and secondary sources relevant to scholars working on women’s legal history.

Abstracts

If you are interested in presenting a paper at the conference, please submit a title and abstract of 250 words to the organiser, Rosemary Auchmuty, to whom enquiries on the academic content of the conference should also be addressed. Email:r.auchmuty@reading.ac.uk. The deadline for receipt of abstracts is 31 July 2016.

 

 

Enquiries

For general enquiries please contact: Belinda Crothers, Academic Programmes Manager Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR. Email: Belinda.Crothers@sas.ac.uk

For additional information please click here or  contact ials.events@sas.ac.uk.

Legal History in Toronto

The American Society for Legal History’s annual conference 2016 takes place in Toronto, Ontario from 27-30 October. Details about the conference and how to book are available here.

On 27 October, a one-day  workshop will be held at the downtown campus of Osgoode Hall Law School to increase awareness of digital legal history, and encourage discussion of how digital methods and technologies can be used to analyze and present the legal past, and of new initiatives to undertake such projects.

The workshop combines an extended showcase of four projects that each employs a different approach — O Say Can You See: Early Washington, D.C., Law and FamilyThe Lawyers’ Code: Tracking the Migration and Influence of the Field CodeDigital Harlem; and Voices of Authority: the Old Bailey Courtroom — and a set of hands-on workshops offering a beginner-level introduction to the methods used in those projects. Further details are available on the workshop website.

 

Law and the Idea of Liberty in Ireland: From Magna Carta to the Present

The Irish Legal History Society will mark the 800th anniversary of the transmission of Magna Carta to Ireland with a conference.attachment-1

Magna Carta is one of the most famous documents in the history of the world, credited with being the first effective check in writing on arbitrary, oppressive and unjust rule — in a word, on tyranny. The fame of Magna Carta spread across the world as England, and later Britain, came to girdle the globe in its power.

What is the place of Ireland in the story of Magna Carta’s global dissemination? Four centuries before the Great Charter crossed the Atlantic, it was already implanted across the Irish Sea. A version of the charter issued in November 1216 in the name of the boy-king Henry III was sent to Ireland, where it became fundamental to the English common law tradition in Ireland that survives to the present.

The conference will explore the legal-historical background to Magna Carta in Ireland, the reception of the charter into English law in Ireland, the political and polemical uses to which the charter was put, and its twentieth and twentieth-first century invocations as a living presence in contemporary Irish law. Professor Paul Brand (All Souls, Oxford) will deliver a keynote address on the impact of Magna Carta on the development of English law in medieval Ireland.

A particular concern of the conference will be to explore the paradoxes presented by the reception of Magna Carta into Irish law, above all the contested and often highly restrictive-idea idea of ‘liberty’ that developed in Ireland from the Middle Ages onwards.

This conference wil be held in the Music Room of Christ Church Cathedral, which boasts its own copy of Magna Carta in the Liber Niger held in the cathedral treasury.

Speakers include: Claire Breay, Sean Duffy, Ian Campbell, Coleman Dennehy, Sparky Booker, Colum Kenny, Adrian Empey, James Kelly, Patrick Geoghegan, John Larkin, Blathne Ruane.

 

WHEN: Friday, 25 November 2016 at 10:30 – Saturday, 26 November 2016 at 16:00

REGISTRATION: This event is free but booking is essential. Places can be reserved via Eventbrite

WHERE: Music Room, Christ Church Cathedral – Christ Church Cathedral, ChristChurch Place, Dublin 8

PROGRAMME

Friday, 25 November 2016

10.15                                    Registration
10.45                                    Welcome and opening remarks

 

11.00                             Session 1.  Chair – Bernard Meehan, Medieval History Research Centre, TCD

 

Claire Breay           ‘Celebrating the 800th anniversary of Magna Carta at the British Library in 2015’

Seán Duffy              ‘The political background to Magna Carta: King John and Ireland’

12.30–1.30                  Lunch (attendees to make their own arrangements)

 

1.30 – 3.00                   Session 2.  Chair – Maebh Harding, University of Warwick

Adrian Empey       ‘Conquest and common law’

Peter Crooks          ‘1216, 1366 and all that: Magna Carta and exclusionary liberties in late medieval Ireland’

 

3.00 – 3.30                   Coffee break sponsored by  Four Courts Press Limited

 

3.30 – 5.00                   Session 3.  Chair – James McGuire MRIA

Ian Campbell          ‘Magna Carta in Irish political theory, 1541–1660’

Coleman Dennehy           ‘Nisi per legale judicium parium suorum: parliament, politics, and the right to trial by peer

Colum Kenny         ‘Myth, Mervyn and the “Irish Magna Carta” of 1662’

5.00                                      Tea and Coffee to welcome ILHS members

5.30                         Irish Legal History Society Annual General Meeting

6.00 The Irish Legal History Society Winter Discourse and Keynote Conference Address

Chair: The Hon. Mr Justice Deeny, President

Professor Paul Brand Emeritus Fellow, All Souls Oxford: ‘Magna Carta in Ireland, 1215–1320

 

 

Saturday, 26 November 2016

9.30 – 10.45                 ILHS Council Meeting

11.00 – 12.30    Session 5.  Chair: – Kenneth MilneChair, Christ Church Cathedral Library and Archives Committee

Jimmy Kelly            ‘Era of Liberty? The politics of political rights in eighteenth-century Ireland’

Patrick Geoghegan           ‘Daniel O’Connell, Magna Carta and the idea of liberty’

12.30 – 1.30                 Lunch (attendees to make their own arrangements)

1.30 – 3.00                   Session 6.  Chair: – Sir Anthony Hart

Tom Mohr               ‘Liberty in an Irish Free State, 1922–37’

Bláthna Ruane      ‘Magna Carta and modern Irish constitutionalism’

John Larkin            ‘Magna Carta and the Irish statute books’

 

 

For further details contact: Dr Peter Crooks (pcrooks@tcd.ie) or Dr Thomas Mohr (thomas.mohr@ucd.ie)

 

The Society gratefully acknowledges the support so generously given by the sponsors of this conference and without which it could not have taken place.

  • Christ Church Cathedral Library and Archives Committee
  • The Grace Lawless Lee Fund, Trinity College Dublin
  • The Medieval History Research Centre, Trinity College Dublin
  • The Humanities Institute, University College Dublin.
  • Sir Anthony Hart
  • The Law Society of Ireland

The Society would also like to thank its publishers Four Courts Press for sponsoring the coffee break on Friday and the publishers whose leaflets are enclosed in the conference pack.

New Publication on the Privy Council Appeal

We are delighted to announce the publication of Dr. Thomas Mohr’s Guardian of the TrGuardian of the Treatyeaty by Four Courts Press. Further details are available on our publications page.

All members of the Society will receive a complimentary copy, while non-members can purchase their copy here.

The Judicial Committee of the Privy Council was the final appellate court of the British Empire. Dr. Mohr examines the history of the Irish appeal to the Privy Council in the 1920s and 30s, and looks at the politics behind appeals.

In 1935 the Irish Free State became the first part of the Empire to abolish the right of appeal to the Privy Council.

Dr. Thomas Mohr is a Lecturer / Assistant Professor at the UCD Sutherland School of Law, where he teaches jurisprudence, evidence and the history of public law.

The front cover features a painting of the Privy Council chamber by Ptolemy Dean.

 

British Legal History Conference 2017

Call for Papers for the 23rd British Legal History Conference 2017: Networks and Connections

Wednesday 5 July 2017 – Saturday 8 July 2017

In tracing the way that legal ideas emerge and expand, historians have become increasingly interested in exploring the way that networks are developed and connections made. Legal history is full of connections – between people and places, jurisdictions and ideas. The way that the law develops may be influenced by particular social, professional or political groups, or by wider national, imperial or transnational networks. The law may change direction because of new connections made, whether in the form of the transplantation of legal concepts from one forum to another, or in the form of the influence of new ways of thinking or acting. These connections or networks may be simple or complex, transitory or enduring, ad hoc or accidental. The aim of this conference is to explore the wide range of networks and connections which influence the development of law and legal ideas over time, in a variety of different scholarly contexts. We welcome proposals from historians interested in exploring these themes in all fields of legal history, whether doctrinal or contextual, domestic or transnational.


About the Conference
The Conference will be held from the 5th to the 8th of July 2017. Registration will be on the 5th of July. Delegates will be able to find accommodation in the wide range of nearby hotels.

Call for Papers

Proposals concerning any epoch or part of the world are welcome and proposals from postgraduate and early career researchers are encouraged.

Proposals for papers (maximum 300 words) should be sent to blhc2017@ucl.ac.uk by 26 August 2016.

Conference Organisers
Dr Ian Williams, Faculty of Laws, UCL
Professor Michael Lobban, LSE Law

Further Information

See the conference website

Guardian of the Treaty

Guardian of the Treaty

Guardian of the Treaty: The Privy Council Appeal and Irish Sovereignty (Four Courts Press 2016) ISBN: 978-1-84682-587-3

The Judicial Committee of the Privy Council was the final appellate court of the British Empire. In 1935 the Irish Free State was recognized as the first part of the Empire to abolish the appeal to the Privy Council. This book examines the controversial Irish appeal to the Privy Council in the wider context of the history of the British Empire in the early 20th century. In particular, it analyses Irish resistance to the imposition of the appeal in 1922 and the attempts to abolish it at the Imperial conferences of the 1920s and 1930s.

This book also outlines the means by which Irish governments attempted to block Privy Council appeals.  It examines the reality of claims that the Privy Council appeal offered a means of safeguarding the rights of the Protestant minority within the Irish Free State. Finally, it reveals British intentions that the Privy Council act as the guardian and enforcer of the settlement embodied in the 1921 Anglo Irish Treaty. The conclusion to this work explains why the Privy Council was unsuccessful in protecting this settlement.

Thomas Mohr is a lecturer at the School of Law, University College Dublin. He is honorary secretary of the Irish Legal History Society.

Reviews of ‘The Irish Stage’

One of our recent publications has been attracting widespread positive reviews on both sides of the Irish Sea. W.N. Osborough’s The Irish Stage: a Legal History (Four Courts Press, 2015) has been favourably reviewed in the Dublin Review of Books  (November 2015) and the Times Literary Supplement (March 2016) [subscription required]

Philip Astley was awarded the second Dublin theatre patent in 1788. His circus extravaganza, left, as aficionados may be aware, comes in for attention in Jane Austen’s Emma and Charles Dickens’ The Old Curiosity Shop

The book has been described as ‘meticulously researched…highly original’ (TLS), and Professor Osborough described as ‘the doyen of Irish legal academics’ (DRB). Further details about the book are available on our Publications page.

Comparative Legal History

The latest issue of Comparative Legal History is a special edition on Lay Participation in Legal Comparative Legal HistorySystems:

Markus Dubber & Heikki Pihlajamäki: ‘Lay participation in modern law: a comparative historical analysis’

David Mirhady: ‘Knowing the law and deciding justice: lay expertise in the democratic Athenian courts’

Anthony Musson: ‘Lay participation: the paradox of the jury’

Niamh Howlin:  ‘The politics of jury trials in nineteenth-century Ireland’ (limited free access here)

Simon Stern: ‘Forensic oratory and the jury trial in nineteenth-century America’

Markus Dubber: ‘The schizophrenic jury and other palladia of liberty: a critical historical analysis’