Sixth Panel Session
Panel 1: Codification as Nationalization or Denationalization of Law II:
Europe (France, Belgium, Italy and Spain)
Chair: Dr Matthew Dyson (University of Cambridge)
Speakers: Prof. Aniceto Masferrer (University of Valencia), Prof. Dirk Heirbaut (Ghent University), Prof. Yves Cartuyvels (University Saint-Louis of Brussels),
Dr Stefano Vinci (University of Bari Aldo Moro)
This panel explores codification movement in Europe in a critical and comparative way. Scholars have presented Codification as a means to both nationalize and denationalize the European legal traditions. This seems to be a paradox. Moreover, different perspectives and arguments might lead to complete different outcomes. The fact that laws needed to be approved by national parliaments and the ius commune – which was somehow regarded as a foreign law – ceased to be in force, give evidence of how much codification contributed to the nationalization of law. On the other hand, the fact that national parliaments enacted codes whose content had been highly influenced by foreign codes reveals that codification did also contribute to the denationalization of law.
The panel will 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 European codification is both geographically and analytically; geographically, because several jurisdictions are studied (France, Belgium, Italy and Spain); and analytically, because all papers connect 19th-century codification with the keywords of the Conference theme, namely, Culture, Identity and Legal Instrumentalism.
Aniceto Masferrer is Professor of Legal History and teaches legal history and comparative law at the Faculty of Law, University of Valencia, Spain. He is the author of eight books (including his Spanish Legal Traditions. A Comparative Legal History Outline (Madrid, 2009; 2012, 2nd ed.) and the editor of five, and sixty book chapters/articles published in Spanish, European and American law journals. He has published extensively on criminal law from an historical and comparative perspective, as well as on the codification movement and fundamental rights in the Western legal tradition. He has been a fellow researcher at the Institute Max-Planck for European Legal History (2000-03), Visiting Professor at the University of Cambridge (2005), Visiting Scholar at Harvard Law School (2006-07) and at Melbourne Law School (2008), and Visiting Professor at the University of Tasmania (2010), Visiting Scholar at Louisiana State University – The Paul M. Hebert Law Center – (2013), Visiting Scholar at George Washington University Law School (as the Recipient of the Richard & Diane Cummins Legal History Research Grant for 2014), and Visiting Professor at the École Normale Supérieure – Paris (2015). He is a member of the advisory board of several Spanish, European and Anglo-American Law Journals, and the Chief Editor of GLOSSAE. European Journal of Legal History (http://www.glossae.eu).
About Professor Aniceto Masferrer and European Society for Comparative Legal History, see also: http://alegalmiscellanea.com/legal-history-chose-me-aniceto-masferrers-route-to-legal-scholarship/
Prof. Yves Cartuyvels
University Saint-Louis of Brussels
Prof. Dirk Heirbaut
Prof. Aniceto Masferrer
University of Valencia
- Born: Hamme (Belgium), 9 september 1966
- E-mail: dirk.heirbaut@UGent.be
- Master of Arts (History) (1988), Master of Laws (1993), Ph. D. (Law) (1997) (Ph. D. Thesis about feudal law in the county of Flanders, 1000-1305).
- Researcher Museum of the Army and the History of War (Brussels, (1989-1990), Researcher National Fund for Scientific Research (1990), Assistant Ghent University Belgium (1991-1997), Professor of Legal History and Roman Law, Ghent University Belgium (1998-). Guest-professor for Comparative Law Uppsala University Sweden (1995), Fellow Robbins Collection, Berkeley (1997), Stipendiat Max-Planck-Institut for legal history Frankfurt (2001 and 2003), TPR-chair University of Amsterdam (2007), guest professor Free University Brussels (2010); guest professor Université Lille 2 (2016). Other research stays: Lille (1995), Hamburg Max-Planck-Institut for private law (2011, 2013 and 2014), Bergen (Norway, 2014).
- Director Institute of Legal History Ghent University; director library Law Faculty Ghent University.
- Member of the Royal Flemish Academy of Belgium for Science and the Arts;corresponding member of the Zentraldirektorium der Monumenta Germaniae Historica; member of the Academia Europea; member of the Fachbeirat of the Max-Planck-Institut f. ausländisches und internationales Privatrecht; prize of the Tijdschrift voor Privaatrecht 1994; Eike von Repgow-Preis of the City and the University of Magdeburg 2014.
- Partner in the Interuniversitary Attraction Pole Justice and Society (2006-2011); associated partner in the Interuniversitary Attraction Pole Justice and Populations (2012-2017).
-Member of the board of editors of the reviews Pro memorie, Legal history review/Tijdschrift voor Rechtsgeschiedenis; member of the board of the Foundation for Old National Law (Netherlands); also chief editor of the electronic legal history newsletter De Rechtshistorische Courant; reporter for Belgium of the electronic review Clio & Themis; member advisory board of the series Medieval Legal Practice (Brill); co-editor of the series Studies in the history of private law (Brill); co-editor of the series Iuris Scripta Historica; co-editor of the series Justitie en maatschappij (Die Keure); member of the editorial board of the series Justice & Society; member of the editorial board of Comparative Legal History and Glossae.
- President of the Scientific Committee for Legal History of the Royal Flemish Academy of Belgium for Arts and Science; founding vice-president of the European Society for Comparative Legal History (2010-2014).
- Organiser or co-organiser of workshops and congresses inter alia on legal history in general (1998), the relationship between legal history and contemporary law (1999), encounters and confrontations between European and non-European legal systems (2000), Flemish medieval history (2002), archives and privacy (2002), the history of twentieth century law (2003), two hundred years French Civil code in Belgium (2004), two hundred years Code de Procédure civile (2006); two hundred years Code de Commerce (2007); two hundred years Code pénal (2010); legal hybridity (2012 and 2013); methodology of comparative law (2014). Also organiser with M. Stolleis of the 2004 Summer School for Ph. Students in Legal History (Frankfurt, Max Planck Institute for Legal History).
Stefano Vinci is assistant professor in History of Medieval and Modern Law in the University of Bari Aldo Moro, where he teaches History of modern codifications. Graduated with praise in the Faculty of Law of University of Bari in 1999, he achieved the PH.D. in “History of Law” at the University of Macerata (Italy) in 2007. He had fellowships in Max-Planck-Institut-für-europäische-Rechtsgeschichte of Frankfurt am Main and he was visiting professor in different universities like Madrid, Freiburg and Bonn. He is member of European society for comparative legal history (ESCLH), Italian Society of History of Law (SISD) and Apulian National History Society of (SSPP). He has been part in national and international research projects funded by University of Bari Aldo Moro and by Italian and Spanish Government. Rapporteur in national and international conferences and author of many publications, his fields of legal history research regards reforms in Naples Kingdom between XVIII and XIX centuries, history of advocacy during Italian fascism, history of justice between medieval, modern and contemporary law.
Dr Stefano Vinci
University of Bari Aldo Moro
Panel 2: Marriage in Different Cultures
Chair: Assoc. Prof. Gwen Jordan (University of Illinois)
Speakers: Assoc. Prof. Zsuzsanna Peres (National University of Public Service in Budapest), Assoc. Prof. Mišo Dokmanović
(Ss. Cyril and Methodius University in Skopje), Mr Omer Aloni (Tel Aviv University), Ms Luisa Stella de Oliveira Coutinho Silva (University of Lisbon)
Dr. Zsuzsanna Peres PhD Associate Professor, Vice-dean for Academic and International Relations, Acting Vice-Dean for Education, National University of Public Service, Faculty of Political Sciences and Public Administration.
She graduated as Master of Law in 2001 at the University of Pécs. After completing her studies she worked for thirteen years at the Depart- ment of Legal History of the Faculty of Law University of Pécs teaching Hungarian and Constitutional and Legal History. She obtained the title Doctor of Philosophy in 2009 with her doctoral thesis written on the subject of the “fideicommissum” and other inheritance law institutions of the 16th-18th centuries. She started working at the legal predecessor of the Faculty of Political Sciences and Public Administration the Faculty of Public Administration of the National University of Public Service in February 2014 teaching History of the Hungarian State- and Public Administration and The Constitutional History of Europe. She is member of the European Society for Comparative Legal History since 2015.
Mr Omer Aloni
University of Gdańsk
Assoc. Prof. Mišo Dokmanović
Ss. Cyril and Methodius University in Skopje
Assoc. Prof. Zsuzsanna Peres
National University of Public Service in Budapest
Dr. Mišo Dokmanović is Associate Professor at the Ss. Cyril and Methodius University in Skopje – School of law, Macedonia where he teaches courses History of Law, Contemporary Macedonian History and US Foreign Policy in the Balkans. Dr. Dokmanović holds LLB, LLM and PhD degrees from Ss. Cyril and Methodius University in Skopje as well as MA in Contemporary Diplomacy from the Mediterranean Academy for Diplomatic Studies. He has participated in conferences, study visits and lectured in over 50 countries. Dr. Dokmanović was a Research and Visiting Fellow at a number of leading academic institutions including University of Michigan, University of Florida, University of Illinois, Central European University etc. He is also an invited lecturer at many continuing and summer programs, political academies and training programs including Preparing Global Leaders Academy – Jordan and Preparing Global Leaders Institute. In 2014 he was awarded the highest recognition for teaching and academic excellence – Scientist of the Year Award. He is the youngest recipient of the award ever. Dr. Dokmanović has participated with a paper at 2014 ESCLH Macerata conference.
Luisa Stella de Oliveira Coutinho Silva is a lawyer in Brazil and Portugal. She graduated in Law and Psychology, with a MSc in History of Law at the Institute of History of Law and Political Thought at the University of Lisbon, where she is a PhD candidate. She is working with gender studies and the colonization of Brazil, using primary sources from the archives in Portugal and Brazil.
Ms Luisa Stella de Oliveira Coutinho Silva
University of Lisbon
Panel 3: The Flow of Legal Doctrine in Time and Space
Chair: Prof. Mia Korpiola (University of Turku)
Speakers: Prof. Steven Robert Wilf (University of Connecticut), Dr Ana Santos Rutschman (Duke University), Mr Sebastian Krafzik
(University of Leuven\), Prof. Annamaria Monti Bocconi (University in Milano)
Steven Robert Wilf
Anthony J. Smits Professor of Global Commerce, School of Law, University of Connecticut, 2013-
Elizabeth S. and Richard M. Cashin Fellow, Radcliffe Institute for Advanced Studies, Harvard University, 2013-2014
Joel Barlow Professor of Law, School of Law, University of Connecticut, 2009-2013
Associate Dean for Research and Faculty Development, School of Law, University of Connecticut, 2010- 2013
Fellow, Lemelson Center for the Study of Invention & Innovation, Smithsonian Institution, 2011-2012
Microsoft Fellow in Law, Property, and the Economic Organization of Society, Program in Law & Public Affairs, Princeton University, 2010-2011
Professor of Law, School of Law, University of Connecticut, 2002-2009
Yale Law School, J.D., 1995
Yale University, Ph.D. (History), 1995
M.Phil., Department of History, 1986
M.A., Department of History, 1985
Intellectual Property Law and History (edited, Ashgate, 2012)
Law=s Imagined Republic: Popular Politics and Criminal Justice in Revolutionary America (Cambridge University Press, 2010)
The Law Before the Law (Rowman & Littlefield, 2008)
Intellectual Property Law in America: A Legal and Cultural History (under contract with Cambridge University Press)
The Beginnings of American Law: A Comparative History (with Richard Ross; under contract with Yale University Press)
Fashioning Global Patent Cultures: Diversity and Harmonization in Historical Perspective (with Graeme Gooday; under negotiation with Cambridge University Press)
Dr Ana Santos Rutschman
Prof. Steven Robert Wilf
University of Connecticut
Mr Sebastian Krafzik
University of Leuven
Sebastian Krafzik is a PhD student at the Department of Roman Law and Legal History at the KU Leuven (University of Leuven), Belgium. He is working on a project concerning finance and faith in the Western legal tradition, supervised by Professor Wim Decock. Sebastian studied Law and Economics at the Goethe University of Frankfurt, Germany. During his studies he worked, among other things, as a student assistant at the faculty department of Law and Finance. After graduation, he spent his legal apprenticeship at the German Federal Financial Supervisory Authority (BaFin) and in the legal department of the German Stock Exchange (Deutsche Börse AG). After successfully completing his bar examination in Germany, he worked as a junior lawyer in an international law firm focusing on investor protection.
Prof. Annamaria Monti
Bocconi University in Milano
Panel 4: Private Law Movements from Rome to Today
Chair: Prof. Bart Wauters (IE University in Madrid – Segovia)
Speakers: Prof. Barbara Biscotti (University of Milano-Bicocca), Dr Aleksander Grebieniow (University of Fribourg),
Dr Jan Łukasz Korporowicz (University of Łódź), Dr Emőd Veress (Sapientia University in Cluj-Napoca)
Prof. Barbara Biscotti
University of Milano-Bicocca
Dr Aleksander Grebieniow
University of Fribourg
Dr Łukasz Jan Korporowicz
University of Łódź
born in 1986 and grown in Poznań (Poland). 2005-2010 Studies in jurisprudence at the Adam-Mickiewicz-University in Poznań und an der Università di Pisa (2009-2010). 2010-2015 PhD researcher at the University of Fribourg (Switzerland). 2013 Research stays at the Swiss Institute for Comparative Law (Lausanne) and in the Centro di Studi e Ricerche sui Diritti Antichi (Pavia) with the main emphasis onto the «Roman law and Economy». 2012-2015 scientific assistant in the Institute for Roman Law at the University of Berne. Since 2015 Post-doc researcher at the University of Berne (project “The Romanistic Masterpiece of Philipp Lotmar”) and since 2016 lawyer in the Supreme Court of the Republic of Poland. Married, has 2 children.
Dr Łukasz Jan Korporowicz is a lawyer and a canon lawyer. He is working as an assistant professor (adiunkt) at the Department of Roman Law of the University of Łódź. In 2015 he defended his doctoral thesis titled ‘Roman Law in the House of Lords Judgments, 1876-2009”. In his research he is predominantly focusing on two fields of studies: (1) influence of the Roman law on English law (especially since 1700) and (2) Roman law as an important element in the process of the development of the medieval canon law. His recent projects include respectively: (1) teaching of Roman law in Oxford and Cambridge in 18th and 19th c. and (2) use of Roman law arguments at the IV Lateran Council (1215). In past he researched extensively also on the presence of Roman law in Roman Britain. On multiple occasions he has undertaken his research at different British universities including Cambridge and UCL. He is an author or co-author of more than twenty-five scholarly pieces (articles, book chapters, reviews etc.).
Dr Emőd Veress
Sapientia University in Cluj-Napoca