Anglo-American Asian Bi-Jural Chthonic Civil Common Community Comparative Continental Culture Customs Development Diffusion Formants Germanic Hegemony Hindu History Humanities Hybridity Hybrids Interdisciplinary Irritant Islamic Ius Law Law-in-Action Legality Lex Living law Philosophy Plurality Micro-jurisdictions Mixed legal systems Mixity Native Nordic Norm Normativity Polyjural Praxiology Reception Roman Society State Stateless Talmudic Traditions Transplant Transsystemic
German Commercial Code (ADHGB) of 1861 as a common law of obligations in
Prof. Dr. Martin Löhnig
Lehrstuhl für Bürgerliches Recht, Deutsche
und Europäische Rechtsgeschichte sowie
93040 Regensburg www.martin-loehnig.de
The Nobile Officium:The Extraordinary Equitable Jurisdiction of the Supreme Courts of
An ambitious new text has just been published on the nobile
officium – the extraordinary equitable jurisdiction of the Supreme Courts
of Scotland.The author, Stephen
Thomson, spoke about this unusual jurisdiction at the conference “Filling
the Gaps:The Study of Judicial Creativity
and Equity in Mixed Jurisdictions and Beyond” at the University of Catania
in May 2013, co-organised by the World Society of Mixed Jurisdiction Jurists.
The nobile officium enables the Supreme Courts of Scotland to
(i) supply a legal norm where an existing norm is deficient, unavailable or
absent, or (ii) provide alleviation where the application of an existing norm
would be unduly excessive, oppressive or burdensome.The jurisdiction has found application across
broad areas of civil and criminal jurisdiction, and continues to form an
important aspect of procedural law.
Dr. Thomson has brought his research forward to the
point of publication and produced the first ever text to systematically examine
the nobile officium.Of potential
interest to Juris Diversitas readers, this text provides a unique national case
study in equitable jurisdiction (and moreover in a mixed jurisdiction).Dr. Thomson
launched the book with a lecture to distinguished practitioners, scholars and
invited guests at the Faculty of Advocates and Supreme Courts of Scotland,
Parliament House, Edinburgh.The text
has been well received, carrying a foreword by Lord Hope of Craighead KT,
former Deputy President of the UK Supreme Court.
The nobile officium of the Court of
Session and the High Court of Justiciary is a long-established but elusive
power. The extraordinary equitable jurisdiction of the Supreme Courts of
Scotland continues to be relevant and useful today but its scope and
limitations are poorly understood. This is the first book to systematically
examine the nobile officium. Placing it in its historical and conceptual
context, the book explores the development and application of the nobile
officium in such diverse areas as:
factors, curators, tutors and guardians
insolvency and sequestration
law and procedure
This ambitious text provides original and
informative commentary and analysis for practitioners, teachers and students of
“A work of real scholarship which makes a
significant contribution to the literature on Scots law.” Lord Hope of
Stephen Thomson is an Assistant Professor at the Faculty
of Law, The Chinese University of Hong
Kong.He holds a Ph.D. in constitutional
and administrative law from the University of Edinburgh.
The book is available for purchase here and at a
number of other outlets.
The Society of Legal Scholars invites applications from members for the editorship of its prestigious journal Legal Studies. The Society is looking for an editorial team or individual editor who can build on the success of both the present and past editors. The editors are ex officio members of the Society’s Council and Executive Committee and are appointed for five years. The current editors, Professors Imelda Maher, Blanaid Clarke, Fiona de Londras and Colin Scott have indicated their wish to stand down by September 2016, allowing a handover period to ensure a smooth transition so the new editor or editorial team can take responsibility for the first issue of 2017. The journal is in a healthy position: competition for space in the journal is intense, with a large number of high quality submissions, and it has one of the biggest print-runs of UK academic law journals. The Society is also well served by its current publishers, Wiley-Blackwell. It now has an International Advisory Board and submissions and reviews are managed via ‘ScholarOne’. Individuals, pairs or teams of individuals who wish to be considered for the editorship of Legal Studies should submit applications which include the following: (1) A “mission statement” setting out the following: (a) the proposed editorial policy for the journal; (b) any proposed changes to the journal’s format; (c) a brief description of how the administration of the journal would be dealt with and, where there would be a team editorial board, how the responsibilities would be divided. Statements should be limited to 2,000 words. (2) A summary CV (max 2 sides of A4) for each individual who is proposed to have an editorial role, which should provide details of previous editorial experience. (3) The name, address and full contact details of either the individual applicant or a nominated individual contact where two or more individuals are applying together. Applications should be sent by email to the Honorary Secretary, Professor Richard Taylor (RDTaylor@uclan.ac.uk) to arrive by 31 December 2015. The Society's Executive Committee is expected to appoint a sub-committee to consider applications. That sub-committee may decide to invite shortlisted applicants for interview in February or March 2016. Professor Imelda Maher would be happy to respond to enquiries to the current Editors. She can be contacted at firstname.lastname@example.org
The Centre for African Studies (CSA) and the Association for African Studies in Italy (ASAI), in
collaboration with the Department of Cultures, Politics and Society of the University of Turin and the
Department of Architecture and Design of the Polytechnic University of Turin, organize an interdisciplinary
conference on “Urban Africa”
When Louisiana enacted its Digest of the Civil Laws in 1808 and Quebec its Civil Code of Lower Canada in 1866, both jurisdictions were in a period of transition economic, social and political. In both, the laws had originally been transplanted from European nations whose societies were in many ways different from theirs.
This book offers the first systematic and detailed exploration of the two new codes in light of social and legal change. Cairns examines the rich, complex, and varying legal cultures French, Spanish, Civilian and Anglo-American on which the two sets of redactors drew in drafting their codes. He places this examination in the context surrounding each codification, and the legal history of both societies. Cairns offers a detailed analysis of family law and employment in the two codes, showing how their respective redactors selected from a defined range of sources and materials to construct their codes. He shows that they acted relatively freely, attempting to inscribe into law rules reflecting what they understood to be the needs of their society from an essentially intuitive and elite perspective. While not propounding a universal theory of legal development, Cairns nonetheless shows the types of factors likely to influence legal change more generally. xlv, 559 pp.