Jurisprudence and general issues Books

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Book SynopsisThis book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a history of international law written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of history in international law and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of international law in history: of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of international lawyers’ engagement with the past and its importance in shaping the present and future of international law. Originally published in hardcoverTable of ContentsAcknowledgments; Introduction: International Law and Its Histories, Matt Craven; International Law and Its History: The Story of an Unrequited Love, Randall Lesaffer; Foreign Office International Legal History, David J. Bederman; English Approaches to International Law in the Nineteenth Century, Michael Lobban; A Case Study on Jurisprudence as a Source of International Law: Oppenheim’s Influence, Amanda Perreau-Saussine; Time, History, and Sources of Law Peremptory Norms: Is There a Need for New Sources of International Law?, Hazel Fox; Reluctant Grundnormen: Articles 31(3)(C) and 42 of the Vienna Convention on the Law of Treaties and the Fragmentation of International Law, Jan Klabbers; The Time of Conclusion and the Time of Application of Treaties as Points of Reference in the Interpretative Process, Don Greig; Piracy and The Origins of Enmity, Gerry Simpson; Distance and Contemporaneity in Exploring the Practice of States: The British Archives in Relation to the 1957 Oman and Muscat Incident, Anthony Carty; Index.

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Book SynopsisTaking as its exemplum the use of images in judicial decisions, this article argues that the ratio decidendi of legal precedent should be supplemented with the imago decidendi, the figure or depiction that motivates judgment. Drawing upon the history of legal humanism, and particularly the tradition of juristic emblems, it is argued that an adequate understanding of case law rules and decisions requires attention to the imagery that conceives and propels the reasoned deliberation that follows. To adequately apprehend the transmission of law in a digital age requires acknowledging that images think differently, that the ambulation of the eye in the image is very different to the linear glance of the text.

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Book SynopsisWhat is the relationship between the general, abstract norm and the singular, concrete case that sometimes affirms a parallel, contrasting, norm? The present essay engages with this question. The argument stems from an analysis of extraordinary singular cases that sometimes emerge, sometimes are “produced” or “promoted” as exemplary (for strategic reasons, like in law). In this essay Angela Condello argues that approaching normativity in art and law from the perspective of the singular case also illustrates the theoretical importance of interdisciplinary legal scholarship, since the singularity creates room for extra-legal values to emerge as legitimate demands, desires, and needs.Table of ContentsBetween Ordinary and Extraordinary The Normativity of the Singular Case in Art and Law  Angela Condello  Abstract  Keywords  Introduction  Part 1: The Extraordinary in Art  Part 2: The Extraordinary in Law  Conclusion  Bibliography

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Book SynopsisScholars have long debated the use of law to settle international trade disputes in the early modern period. In this book, Tijl Vanneste uses the case study of commercial litigation before the Dutch consular court of Izmir to argue that merchants relied on a particular blend of mercantile customs, which he calls ‘the merchants’ style’, and specific legal forms and procedures, laid down in written regulations, and dependent on local and international circumstances. The book challenges the idea of a universal ‘law merchant’, to replace it with a more nuanced analysis that centralizes the interplay between informal merchant custom, as advocated by traders and judges alike, and formal procedural legislation, drawn mostly from Roman law, in the resolution of mercantile disputes.Table of ContentsAcknowledgements List of Illustrations  Introduction 1 The Dutch in the Levant  1 The Early Development of Dutch Levant Trade  1.1 Straatvaart: Dutch Navigation into the Mediterranean  1.2 The Directorate of Levant Trade and European Competition  2 The Dutch Levantine Institutional Context  2.1 A Short History of the European Capitulations  2.2 The Dutch Consular System in the Levant  3 The Dutch Consulate of Izmir  3.1 The Evolution towards Stability  3.2 The Consular Protection of Jews  3.3 Purchasing Protection: The Beratlıs or Honorary Dragomans  4 The Dutch Trading Community of Izmir in the Eighteenth Century  4.1 A Community of Competing Traders  4.2 Levantine Commission Trade 2 The Dutch Consular Court of Izmir  1 Consular Jurisdiction  1.1 Adjudication in the Capitulations  1.2 The Establishment of Consular Jurisdiction  1.3 A Proposal to Codify Adjudication in the Levant  2 The Dutch Legal Context  2.1 Sources of Roman-Dutch law  2.2 The Diversity of Jurisdictions and the Similarity of Courts  3 Procedures in Commercial Litigation  3.1 Dutch Regulations on Procedure  3.2 Summary Procedure and the Merchants’ Style  3.3 Summary Procedure at the Dutch Consular Court of Izmir 3 The Adjudication of Commercial Disputes within the Dutch Community  1 Adjudication amongst Peers: The Use of Arbitration  1.1 The Friendly Settlement of Local Troubles  1.2 A Failed Attempt at Arbitration  2 The Mother of Levantine Trade Quarrels: Disputing Commission Trade  2.1 The Principal-agent Problem  2.2 Commission Trade Gone Wrong  2.3 Whose Responsibility Is It?  3 Friendship on Trial  3.1 The Bond between Merchants  3.2 The Mutual Pursuit of Profit  3.3 International Support for the Merchants’ Style 4 Intra-European Litigation  1 Belonging to a European Trade Nation Abroad  1.1 Forum Rei and a Clash of Laws  1.2 Competition from within: The Prussian Company  1.3 A Local European Dispute without Any Dutch Involvement  1.4 The Possibility of Appeal  2 Unravelling the Web of Commission Trade in Court  2.1 Crossing Physical Distance by Power of Attorney  2.2 The Trial  2.3 A Complicated Web of Entanglement  2.4 Invoking ‘National’ Law versus the Merchants’ Style  3 Litigants at Sea and Maritime Jurisdiction 5 Ottomans at the Dutch Consular Court  1 Levantine Confrontations with the Law  1.1 Sequesters in 1686  1.2 Central Courts in the United Provinces  1.3 The States General and Ottoman Justice  2 Legal Issues of Dutch Protection and Subject Status  2.1 Beratlı Problems  2.2 Ottoman-Dutch Intercultural Partnerships  3 The Most Cosmopolitan Form of Quarrelling  3.1 Gerrit van Brakel’s Bill of Exchange  3.2 Ottoman justice and European Protection  4 An Islamic Merchants’ Style?  4.1 European Fear of Ottoman Abuses  4.2 Greek Community Resolutions  4.3 The Merchants’ Style through Muslim Eyes Conclusion Bibliography Index

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Book SynopsisThe aim of this essay is to analyse TV series from the point of view of philosophical aesthetics. Aiming to show how philosophy may contribute to “seriality studies”, Andrzejewski and Salwa focus on seriality as a factor which defines the structure of TV series, their aesthetic properties, as well as their modes of reception. TV series have been studied within media theory and cultural studies for quite a long time, but they have been approached mainly in terms of their production, distribution, and consumption across various and changing social contexts. Following the agenda of philosophical aesthetics Andrzejewski and Salwa claim instead seriality implies a sort of normativity, i.e. that it is possible to indicate what features a television show has to have in order to be a serial show as well as the manner in which it should be watched if it is to be experienced as a serial work.Table of ContentsLaw and TV Series  Adam Andrzejewski and Mateusz Salwa  Abstract  Keywords  1 Introduction: Law, TV Series and Aesthetics  2 Seriality in Art and Culture  3 Authority, Norms, and Categories  4 Qualities and Complexities of Television  5 Everything Is Connected: The Relations between Episodes  6 The Aesthetics of Watching  7 Conclusion  Bibliography  Internet Sources

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Book SynopsisThe Bourgeois Charm of Karl Marx & the Ideological Irony of American Jurisprudence employs a well-known body of work, Marx’s, to explain the inevitable limits of scholarship, in hopes to encourage academic boldness, and diversity, especially within American jurisprudence. While scholarly meaning-making has been addressed in specific academic areas, mostly linguistics and philosophy, it has never been addressed in a triangular relationship between the text (T1) and its instigator (S1), as well as its subsequent interpellator (S2). Furthermore, while addressed as a result of difference, it has never been addressed for today’s liberal theory, which includes liberal jurisprudence, through the mirror of Marxist difference. Scholarship is the unique product of the instigator’s private and public subjectivity, as all theory is aimed to be communicated and used by the scholarly community and beyond. Understanding its public life, textual instigators (S1) aim to control its meaning employing various research methods to observe reality and then to convey their narrative, or “philosophy”. But meaning is not fixed; it is negotiated by S1 and those theories interpellate (S2), according to their own private and public subjectivity, which covers their ideology. Negotiated meaning is always a surprise to both S1 and S2, surprise which is both ironic and ideological. The book has ten chapters, an index and a list of referencesTable of Contents Acknowledgments  List of Illustrations  Introduction  1Marx, Irony and Ideology – Negotiating Meaning  2Meaning as a Result of Textual Instigation and Interpellation  1Contextualizing Marx: Differentiating to Embrace or to Reject?  1Marx and Dewey  2Linguistic and Cultural Barriers to Marx’s Works  3Cultural Lifespan  4Marxian Ideology as Soviet, ergo, Undesired, Subjectivity  5Marx’s Un-American Attitude toward Religion  6Marx’s Human Progress and Self-Promotion  2Marxian or Marxism: Labels Differentiating Content or Fabricating Difference?  3Textual Differences and Marx’s Interdisciplinary Dialectics  1Dialectics and Ideology: Thinking, Researching and Incorporating Observations  2Marxian Interdisciplinary Dialectics  3Dialectics and Post-Marxian Scholarship  4Private Subjectivity, Alienation and Theory Production  1Alienation as Creative Reification  2Alienation and Ideological Resistance to Power Structures  3Karl Marx, the Alienated Alienating Intellectual  5Ideology as Public (Political) Subjectivity  1Ideology through the Ages  2Marxian and Marxist Views on Ideology  3Academic (Ideological) Purges?  4Marx and Ideological Identity  5Ideology and Ideological Propaganda  6Mass Media – Ideology Is the Message  6The Irony of Scholarship Production  1Encoded Irony in T₁  2Dormant Irony as T₁ Textual Omissions  3Textual Irony and Rorty’s Intellectual Ironist  7Ideological Irony – S₂ Actuating T₁’s Meaning  1Irony and Direct Scholastic Criticism  2Scholarship as (Ironic) Polite Criticis  8The Bearable Lightness of Jurisprudential Irony  1Jurisprudential Irony as Inescapable Trade-Off between Scholastic Ambition and Reality  2Jurisprudential Irony and the Socratic Method of Teaching Law  3Jurisprudential Irony – Byproduct of Legal Hegemony  4Encoded Jurisprudential Irony  5United States Supreme Court Justices as Embodied Irony: The Late Justice Scalia and Justice Gorsuch  9Ironical Ideology, Difference of Meaning and Philosophical Camaraderie  1Plato’s Concepts of Just and Justice  2Aristotle’s Dialectical Universals  3Thomas Hobbes’ and John Locke’s Ideological Differences and Different Epistemological Conclusions  4The Intersection between the Abstract and Concrete Facets of the Law According to Montesquieu, Kant and Rousseau  5Jeremy Bentham’s Common Sense and Grotius’ Technocratic Approach to Law  6American Jurisprudence and Marx: Strange Bedfellows … Not  10Irony, Jurisprudential Meaning-Making and Ideological Camaraderie  1Classical Liberalism  2Law as Science or the Rejection of Ideology  3Formalism and Realism: Two Sides of the Same Coin  4The Limits of Rawls and Dworkin: Justice and Historical Contingency  5Critical Legal Studies and Marx  6Feminism and Queer Theory  7Intersectionality – Bridging the Gap between Theory and Reality  Summary and Conclusion  References  Index

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Book SynopsisWhat makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.Table of ContentsPreface Acknowledgements List of Figures Abbreviations Notes on Contributors – Excluding the Editors, Marc Maresceau and Christa Tobler Introduction Switzerland and the EU: A Challenging Relationship   Marc Maresceau and Christa Tobler 1 The Policy of Autonomous Adaptation of Swiss Law to EU Law   Matthias Oesch and Mattia Brugger 2 The Agreement on the Free Movement of Persons From the (Almost) Complete Integration of EU acquis on Social Security Coordination to the Absence of Integration of Directive 2004/38   Pauline Melin 3 Sectoral Bilateralism Lessons from the Case Law of the Court of Justice of the European Union   Peter Van Elsuwege 4 The Swiss Posted Workers Act and Free Movement of Services between Switzerland and the European Union   Kurt Pärli 5 covid-19, Switzerland and the EU Pandemic-Related EU Action and Its Legal Effect on Switzerland as Compared to the eea efta States   Christa Tobler 6 Switzerland’s Structural Participation in EU Agencies   Merijn Chamon 7 The Case-by-case Cooperation between the EU and Switzerland in Foreign Policy, Security and Defence   Christophe Hillion 8 The Road to Tax Transparency in Switzerland   Hans-Joachim Jaeger and Katharina Manz 9 A Comparison between the Swiss Cohesion Payments and the eea and Norway Grants   Benedikt Pirker 10 The Shelved Institutional Agreement eu-ch from a Political Science Perspective   René Schwok 11 Switzerland and the EU The Failure of the Institutional Agreement from a Legal Perspective   Christine Kaddous 12 The Federal Council’s Suggested Sectoral Approach Post-26 May 2021 and the Future of EU-Swiss Trade Relations   Michael Hahn 13 Switzerland-UK Trade Relations: A Future Planned by the Past? An Overview of the Trade Agreement between Switzerland and the United Kingdom and Related Agreements   Georges Baur Index

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