Fifth Panel Session

 

Panel 1: Codification as Nationalization or Denationalization of Law (I): Europe and America

Chair: Prof. Aniceto Masferrer University Valencia

Speakers: Dr Isabel Ramos Vázquez (Universidad de Jaén), Prof. Diego Nunes (Federal University of Uberlândia),
Dr Gabriela Cobo del Rosal (Universidad Rey Juan Carlos), Prof. Juan B. Cañizares-Navarro (University of Cardenal Herrera CEU)

 

Panel overview

This panel explores the criminal law codification in Spain and in some American jurisdictions in a critical and comparative way. As said in the Panel I, scholars have presented Codification as a means to both nationalize and denationalize the European legal traditions. The present panel explores this matter from a broader geographical perspective, encompassing some American jurisdictions, and focusing on the criminal law. The panel will also explore this issue from a critical and comparative perspective, trying to emphasize the connection between codification and theme of the Conference: “Culture, Identity and Legal Instrumentalism.”

The comparative approach to codification of criminal law is both geographically and analytically; geographically, because several jurisdictions are studied (Spain, Brazil, US); and analytically, because all papers connect 19th-century codification with the keywords of the Conference theme, namely, Culture, Identity and Legal Instrumentalism.

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Dr Isabel Ramos Vázquez

Universidad de Jaén

 

 

Legal instrumentalism in the 19th-century prison reform (Unites States &Europe)

 

 

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Prof. Juan B. Cañizares-Navarro

University of Cardenal Herrera CEU

 

 

The infamous penalties in the Spanish Criminal Codes of the 19th century:  National and/or Foreign Content?

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Panel 2: Commercial Law in Europe: Of Glaciers, Codes, Merchants and Consumers

Chair: Prof. Dave De ruysscher (Free University of Brussels)

Speakers: Dr Sean Thomas (Durham University), Dr Johannes W. Flume (Eberhard Karls University of Tübingen),
Dr Anna Klimaszewska (University of Gdańsk), Dr Janwillem (Pim) Oosterhuis (Maastricht University)

Panel overview

This panel wants to explore the driving force of 19th century commercial law on the development of general private law. The panellists will try to identify how commercial law has shaped and transformed legal ideas that today seem absolutely normal to us. There are numerous examples of civil law institutes in European jurisdictions that indeed originated from commercial law practice in the 19th century. In 1891, the driving force of commercial law, led Levin Goldschmidt to the following observation:

„In comparison to the general civil law the commercial law has a ground-breaking reformatory position. Developed under the dominant influence and overwhelmingly in the interest of the economically most educated and farsighted classes – industrial magnates, ship-owners, wholesale traders, financial institutions – it tends to penetrate the whole civil law with its spirit; yet at the same time it becomes part of the general civil law and so narrows its own scope. It is constantly expanding again to provide new legal principles to meet new commercial needs of trade. One can compare it to a glacier: in the lower regions the melting ice unites with falling rain, whilst in the high regions new ice is perpetually being formed.”

[L. Goldschmidt, Universalgeschichte des Handelsrecht (Stuttgart 1891), p. 11-12]

However, might the metaphor of Goldschmidt actually be no more than a romantic view of his beloved 19th century commercial law?

For English, German, Polish, and Dutch law the pervasiveness of certain commercial law institutes on private law in general will be investigated. This enables to compare the influence of commercial law – and also the underlying socio-economic conditions – on general private law in the selected jurisdictions, and contrast differences and similarities in the chosen solutions. In a time of a growing body of consumer law it is not so easy to identify what has remained of commercial law at all. And if Goldschmidt’s observation appears to be correct, what is left of this driving force of commercial law? Has consumer law already taken over to such extent that certain of the identified commercial law institutes have already faded away since the 19th century? Or are we confronted with several, competing areas of law, each partly shaping the various European private laws?

 

 

 

Dr Johannes W. Flume

Eberhard Karls University of Tübingen

 

 

German Commercial Law: Rise and Fall

Dr Sean Thomas

Durham University

 

 

English Commercial Law: Chasing Shadows

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Dr Janwillem (Pim) Oosterhuis

Maastricht University

 

 

Dutch Commercial Law: From Commercial Sale to Consumer Sale?

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Panel 3: Strategies, Policies and Ideologies in the Field of Public Law

Chair: Prof. Valdis Bluzma (Turiba University in Riga)

Speakers: Prof. Bart Wauters (IE University in Madrid - Segovia), Prof. Marek Maciejewski, (University of Wrocław),
Dr Ivan Kosnica (University of Zagreb), Dr Thomas Mohr (University College Dublin)

Prof. Marek Maciejewski

University of Wrocław

 

 

The relationship between natural and statutory law in ancient and medieval conceptions

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Dr Thomas Mohr

University College Dublin

 

 

The Privy Council Appeal and British Imperial Policy, 1833-1939

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ESCLH©2015