Pub Date : 2020-07-02DOI: 10.1080/2049677x.2020.1830490
Joycelin Chinwe Eze-Okubuiro
The historical background of Nigeria as a state and how state and non-state actors within its domain influence the nation's domestic and international activities demonstrate the conflict and complexity between dominant ideologies and resistance between competing actors in Nigeria. Such struggles arose following the imposition of colonial rule and subsequent introduction of the English legal system, which unsettled existing indigenous systems that were hugely dependent on customary law. Although such platforms successfully served colonial interests, they were challenged by different resistance groups. Through historical narrative, this paper contributes to Global South scholarship in the hegemonic and counter-hegemonic discourse in international law, with Nigeria as a case study. The paper shows that in order to successfully address hegemonic tendencies, which flow from the international system and are sustained by the Nigerian state, the resistant role of non-state actors is imperative in the making of international law to accommodate the Nigerian experience.
{"title":"States and non-state actors in hegemonic and counter-hegemonic narratives in international law: the Nigerian experience","authors":"Joycelin Chinwe Eze-Okubuiro","doi":"10.1080/2049677x.2020.1830490","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830490","url":null,"abstract":"The historical background of Nigeria as a state and how state and non-state actors within its domain influence the nation's domestic and international activities demonstrate the conflict and complexity between dominant ideologies and resistance between competing actors in Nigeria. Such struggles arose following the imposition of colonial rule and subsequent introduction of the English legal system, which unsettled existing indigenous systems that were hugely dependent on customary law. Although such platforms successfully served colonial interests, they were challenged by different resistance groups. Through historical narrative, this paper contributes to Global South scholarship in the hegemonic and counter-hegemonic discourse in international law, with Nigeria as a case study. The paper shows that in order to successfully address hegemonic tendencies, which flow from the international system and are sustained by the Nigerian state, the resistant role of non-state actors is imperative in the making of international law to accommodate the Nigerian experience.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"144 - 172"},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1830490","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48835179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-02DOI: 10.1080/2049677x.2020.1830488
Thomas Duve
Legal history, as developed in nineteenth-century continental Europe, has a national tradition, but also a transnational past. During the last two decades, however, a new field of global legal history has emerged, not least as a response to Eurocentrism, methodological nationalism and the current reality of transnational and global law. In this article, I map some historiographic traditions of transnational legal history and the emerging field of global legal history, pointing out some important methodological problems and suggesting a knowledge-historical approach. It ends with a definition of global legal history as a critical history of the production of multinormative knowledge, understood as a process of distributed knowledge production through cultural translation, comprising theory and practice, drawing on a wide range of sources, on a transnational scale, with special attention for the dialectics of glocalisation.
{"title":"What is global legal history?","authors":"Thomas Duve","doi":"10.1080/2049677x.2020.1830488","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1830488","url":null,"abstract":"Legal history, as developed in nineteenth-century continental Europe, has a national tradition, but also a transnational past. During the last two decades, however, a new field of global legal history has emerged, not least as a response to Eurocentrism, methodological nationalism and the current reality of transnational and global law. In this article, I map some historiographic traditions of transnational legal history and the emerging field of global legal history, pointing out some important methodological problems and suggesting a knowledge-historical approach. It ends with a definition of global legal history as a critical history of the production of multinormative knowledge, understood as a process of distributed knowledge production through cultural translation, comprising theory and practice, drawing on a wide range of sources, on a transnational scale, with special attention for the dialectics of glocalisation.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"10 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139665341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1768255
Willem H. Van Boom
Today, liability insurance and legal expenses insurance are generally accepted as benefits to the society and the idea of insuring against litigation risks does not repel us. In the past, however, it was held that such litigation insurance was fuelling litigation at best or going against good morals at worst. What are the reasons behind this? And how does this compare to the legal history of investment in litigation gains? Claim investment has been frowned upon for centuries and today a dismissive narrative continues to dog this ‘product’. So, the legal discourses surrounding insurance and claim investments have developed in different directions. How can this be possibly explained? This paper attempts to answer these questions by comparing the historical developments within European jurisdictions of the concept of insurance against litigation loss and that of the concept of litigation investment. Thus, it aims to improve our understanding of historical paths of both phenomena.
{"title":"Insuring vs. investing in litigation: a comparative legal history of litigation insurance and claim investment","authors":"Willem H. Van Boom","doi":"10.1080/2049677X.2020.1768255","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1768255","url":null,"abstract":"Today, liability insurance and legal expenses insurance are generally accepted as benefits to the society and the idea of insuring against litigation risks does not repel us. In the past, however, it was held that such litigation insurance was fuelling litigation at best or going against good morals at worst. What are the reasons behind this? And how does this compare to the legal history of investment in litigation gains? Claim investment has been frowned upon for centuries and today a dismissive narrative continues to dog this ‘product’. So, the legal discourses surrounding insurance and claim investments have developed in different directions. How can this be possibly explained? This paper attempts to answer these questions by comparing the historical developments within European jurisdictions of the concept of insurance against litigation loss and that of the concept of litigation investment. Thus, it aims to improve our understanding of historical paths of both phenomena.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"2 - 26"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1768255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47857626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677x.2020.1757260
Thomas Kleinlein
{"title":"War, law and humanity: the campaign to control warfare, 1853–1914","authors":"Thomas Kleinlein","doi":"10.1080/2049677x.2020.1757260","DOIUrl":"https://doi.org/10.1080/2049677x.2020.1757260","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"63 - 66"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677x.2020.1757260","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41821738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1757261
F. Rossi
Customs of War on Land’ (Hague, II). Eventually, Crossland’s study demonstrates how persistent and overlapping tensions in the law of armed conflict already influenced its formative period in the nineteenth century. The campaign to control war was oscillating between humanity and military necessity and between humanitarianism and professionalism. The movements were both international and inward-looking, as visions were inspired by internationalism and patriotism. At times, the regulation of war and arbitration also appeared to be competing instruments. Perhaps most fundamentally, any effort to regulate war sooner or later had to justify why war was not to be outlawed as such. It took the commitment, dedication and endurance of many individuals, and a significant number of setbacks had to be accepted before any rules to mitigate the destructive effect of war or to prevent war from being waged at all were laid down, reflecting no more than compromise.
{"title":"Littératures populaires du droit. Le droit à la portée de tous","authors":"F. Rossi","doi":"10.1080/2049677X.2020.1757261","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1757261","url":null,"abstract":"Customs of War on Land’ (Hague, II). Eventually, Crossland’s study demonstrates how persistent and overlapping tensions in the law of armed conflict already influenced its formative period in the nineteenth century. The campaign to control war was oscillating between humanity and military necessity and between humanitarianism and professionalism. The movements were both international and inward-looking, as visions were inspired by internationalism and patriotism. At times, the regulation of war and arbitration also appeared to be competing instruments. Perhaps most fundamentally, any effort to regulate war sooner or later had to justify why war was not to be outlawed as such. It took the commitment, dedication and endurance of many individuals, and a significant number of setbacks had to be accepted before any rules to mitigate the destructive effect of war or to prevent war from being waged at all were laid down, reflecting no more than compromise.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"66 - 70"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1757261","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41443372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1757259
J. Oosterhuis
immune to the inevitable atemporal contextualisation of the notions inherent to legal modernity. Nonetheless, the author is well aware of this, considering her stated hermeneutic choices (21–27). As a general matter, Ulrike Müßig’s book blazes an original trail along a fruitful path of contemporary legal historiography: the past is revisited in the light of the present day, paying particular attention to current legal mechanisms. Provided that it does not lose sight of that indispensable historical sensitivity and does not impose any forced readings on its sources, this type of enquiry certainly leads to interesting results, which will undoubtedly spark discussion and thus carry forward research. It is to be hoped that this book will open up an international debate into the methods and purposes of comparative historical legal research, as the author’s background as a constitutionalist enables her to illustrate classical issues from a fresh perspective. The study is certainly intriguing within a European context of history of justice in reinvigorating approaches and enriching debates, operating within a comparative dimension that seeks to tease out a common perspective, namely: specific European sensitivity for standards of protection vis-a-vis judicial independence. Being the fruit of a millennial evolution, the guarantees of a fair and rational trial, celebrated before an impartial and independent judge, must not be considered to be immune to attacks and misunderstandings. And this is the warning that transpires through the pages of this book: the guarantees of a ‘fair trial’ are symbolically provided to each citizen as a precious right to be defended, and constitute an indispensable transnational framework for interpreting current laws.
{"title":"Marktaustausch: Grundlegung einer juristisch-ökonomischen Theorie des Austauschverkehrs","authors":"J. Oosterhuis","doi":"10.1080/2049677X.2020.1757259","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1757259","url":null,"abstract":"immune to the inevitable atemporal contextualisation of the notions inherent to legal modernity. Nonetheless, the author is well aware of this, considering her stated hermeneutic choices (21–27). As a general matter, Ulrike Müßig’s book blazes an original trail along a fruitful path of contemporary legal historiography: the past is revisited in the light of the present day, paying particular attention to current legal mechanisms. Provided that it does not lose sight of that indispensable historical sensitivity and does not impose any forced readings on its sources, this type of enquiry certainly leads to interesting results, which will undoubtedly spark discussion and thus carry forward research. It is to be hoped that this book will open up an international debate into the methods and purposes of comparative historical legal research, as the author’s background as a constitutionalist enables her to illustrate classical issues from a fresh perspective. The study is certainly intriguing within a European context of history of justice in reinvigorating approaches and enriching debates, operating within a comparative dimension that seeks to tease out a common perspective, namely: specific European sensitivity for standards of protection vis-a-vis judicial independence. Being the fruit of a millennial evolution, the guarantees of a fair and rational trial, celebrated before an impartial and independent judge, must not be considered to be immune to attacks and misunderstandings. And this is the warning that transpires through the pages of this book: the guarantees of a ‘fair trial’ are symbolically provided to each citizen as a precious right to be defended, and constitute an indispensable transnational framework for interpreting current laws.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"57 - 63"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1757259","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47267286","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1757256
A. Smart
{"title":"Ancient legal thought: equity, justice, and humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud","authors":"A. Smart","doi":"10.1080/2049677X.2020.1757256","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1757256","url":null,"abstract":"","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"52 - 55"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1757256","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46351553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1768238
David K. C. Huang, Nigel N. T. Li
Japan’s Meiji Restoration was a modernisation reform Imperial China aimed to transplant. However, China failed in applying Japan’s (Meiji) constitutionalism of Fukoku Kyohei and the institution thereof. This article examines the then social-political grounds of both China and Japan through a comparative approach to explore why China floundered whilst Japan succeeded from the perspective of institutes of constitution. The conclusion of this article is that the differences between China and Japan were underestimated, that the Imperial Court of China neglected the difficulties of the transplantation because they saw only the fruits of Fukoku Kyohei (Fu-Guo-Qiang-Bing).
{"title":"From Fukoku Kyohei to Fu-Guo-Qiang-Bing: a comparative analysis of Imperial China and Japan","authors":"David K. C. Huang, Nigel N. T. Li","doi":"10.1080/2049677X.2020.1768238","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1768238","url":null,"abstract":"Japan’s Meiji Restoration was a modernisation reform Imperial China aimed to transplant. However, China failed in applying Japan’s (Meiji) constitutionalism of Fukoku Kyohei and the institution thereof. This article examines the then social-political grounds of both China and Japan through a comparative approach to explore why China floundered whilst Japan succeeded from the perspective of institutes of constitution. The conclusion of this article is that the differences between China and Japan were underestimated, that the Imperial Court of China neglected the difficulties of the transplantation because they saw only the fruits of Fukoku Kyohei (Fu-Guo-Qiang-Bing).","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"27 - 51"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1768238","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49235047","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-02DOI: 10.1080/2049677X.2020.1757258
A. Monti
local concerns, and could only translate with difficulty to first an imperial republic, and second an extensive empire. These criticisms should not detract from what is an impressive volume. I use them only to highlight the inherent issues that are true of any history attempted on this scale. This remains a work of tremendous worth. Vast in scope and ambition, guided by an inquiring mind, this is a deeply enjoyable and thought-provoking book. May takes a vast assortment of different legal traditions, ideas and sources, and demonstrates the benefits of comparative history. It is then best judged not on the intricacies of each chapter; but rather the overarching ambition and ability to draw out comparisons between such different experiences of law; in thought, action and deed.
{"title":"Reason and fairness. Constituting justice in Europe, from medieval canon law to ECHR","authors":"A. Monti","doi":"10.1080/2049677X.2020.1757258","DOIUrl":"https://doi.org/10.1080/2049677X.2020.1757258","url":null,"abstract":"local concerns, and could only translate with difficulty to first an imperial republic, and second an extensive empire. These criticisms should not detract from what is an impressive volume. I use them only to highlight the inherent issues that are true of any history attempted on this scale. This remains a work of tremendous worth. Vast in scope and ambition, guided by an inquiring mind, this is a deeply enjoyable and thought-provoking book. May takes a vast assortment of different legal traditions, ideas and sources, and demonstrates the benefits of comparative history. It is then best judged not on the intricacies of each chapter; but rather the overarching ambition and ability to draw out comparisons between such different experiences of law; in thought, action and deed.","PeriodicalId":53815,"journal":{"name":"Comparative Legal History","volume":"8 1","pages":"55 - 57"},"PeriodicalIF":1.2,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/2049677X.2020.1757258","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48637056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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