Symposium – The Journey of Charity Law

A symposium to explore how historical charity law traditions impact how charities continue to operate today.

Register here – https://law.uq.edu.au/event/journey-of-charity-law

Full details including program of speakers in the flyer here –

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Call for papers – environment, law and history

Susan Bartie (ANU), Ben Pontin (Cardiff), and David Schorr (Tel Aviv) are organizing a double session on environment, law, and history for the 4th World Congress of Environmental History, to be held (in hybrid format) in Oulu, Finland, 19-23 August 2024. This double session will showcase environmental-legal-historical research that demonstrates the opportunities as well as the challenges inherent in this meeting of disciplines, and discuss strategies, theories, and research methods that might help in overcoming these challenges. The sessions’ abstract is below.

If you’re interested in joining (in person or remotely, you need not decide now), please submit a proposal through this link by 18 September 2023. Please indicate in your submission whether you wish to propose a traditional research paper (the first session) or make a presentation as part of the roundtable (second session).

Abstract:

The triangle ‘environment–history–law’ suggests a wealth of opportunities for productive transdisciplinary scholarship: Historical analysis of environmental law, environmental histories of legal change, legal histories of the environment, etc. Yet such transdisciplinary projects have to date been tentative and largely tangential to the thriving fields of environmental history, legal history, and environmental law. Legal history, while having moved beyond its previously narrow focus on legal doctrine to embrace wider contexts of society, economy, and culture, has to date remained largely indifferent to environmental issues or to the environment as a category of analysis. The field of environmental law, so salient in pressing issues such as climate change and biodiversity conservation, tends to see itself as brand new, overlooking centuries of environmental laws. And while environmental histories frequently reference legal issues and institutions, from common property to rights of nature, they are often insensitive to the legal context in which these institutions operate.

The first session will showcase new environmental-legal-historical research that demonstrates both the opportunities and challenges inherent in this meeting of disciplines. The following, roundtable session will bring together scholars working across the boundaries of environment, history, and law, in order to discuss the challenges facing this intersection of disciplines, from institutional obstacles to the difficulty in meshing historical and normative analysis. With the participation of the audience, it will seek to identify strategies, theories, and methods that might help in overcoming these challenges. Panelists will be drawn from a variety of disciplines, regions, and methodological approaches.

Contact Email

dschorr@tauex.tau.ac.il

URL

https://nomadit.co.uk/conference/wceh2024/p/13467

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Call for information

The Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, has been researching a census bibliography of the first nine editions of De iure belli ac pacis (1625-1650) and are hoping to publish our results in 2025, the 400th anniversary of the book’s first appearance. 

We’ve examined and located hundreds of copies to date but would like to locate more copies. Can you help us find and learn more about existing copies of Hugo Grotius’ De iure belli ac pacis?

If you have or know of private copies, it would be great if you could let us know and fill out the according questionnaires below:

Questionnaire 1625 IBP: 
https://survey.academiccloud.de/index.php/681736?lang=en

Questionnaire 1626 IBP: https://survey.academiccloud.de/index.php/889362?lang=en

Questionnaire 1631 IBP: https://survey.academiccloud.de/index.php/575734?lang=en

Questionnaire 1632 Janssonius IBP: https://survey.academiccloud.de/index.php/353911?lang=de

Questionnaire 1632 Blaeu IBP: https://survey.academiccloud.de/index.php/115821?lang=de

Questionnaire 1642 IBP: https://survey.academiccloud.de/index.php/955414?lang=en

Questionnaire 1646 IBP: https://survey.academiccloud.de/index.php/124888?lang=de

Questionnaire 1647 IBP: https://survey.academiccloud.de/index.php/776362?lang=de

Questionnaire 1650 IBP: https://survey.academiccloud.de/index.php/318594?lang=de

We have published multiple Research notes on the editions, also listing the copies we have found so far:

– 1625: https://brill.com/view/journals/grot/43/1/article-p208_010.xml?rskey=4XDhcA&result=57

– 1626: https://brill.com/view/journals/grot/43/1/article-p236_011.xml?rskey=4XDhcA&result=58

– 1631: https://brill.com/view/journals/grot/43/1/article-p246_012.xml?rskey=4XDhcA&result=59

– 1632 Janssonius: https://brill.com/view/journals/grot/43/2/article-p395_002.xml?rskey=EezetD&result=32

– 1632 Blaeu: https://brill.com/view/journals/grot/43/2/article-p412_003.xml?rskey=EezetD&result=31

– 1642: https://brill.com/view/journals/grot/43/2/article-p437_004.xml?rskey=EezetD&result=33

– 1646: https://brill.com/view/journals/grot/44/1/article-p154_008.xml?rskey=EezetD&result=11

– 1647: https://brill.com/view/journals/grot/44/1/article-p181_009.xml?rskey=EezetD&result=15

– 1650: https://brill.com/view/journals/grot/44/1/article-p197_010.xml?rskey=EezetD&result=4

Should you have any questions about the project or the questionnaire, please do not hesitate to contact me at whereisgrotius@gmail.com

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Online meet the author event, with Ahmed White, Professor of Law, University of Colorado.

He will speak on his research as a lawyer interested in the historical criminal prosecution of labour activists, drawing on his most recent book Under the Iron HeelThe Wobblies and the Capitalist War on Radical Workers (University of California Pree, 2022).  You can find his profile here:

https://lawweb.colorado.edu/profiles/profile.jsp?id=64

 The date of the online event is Friday June 9th., starting at 12.15p.m

Please contact Diane Kirkby – diane.kirkby@uts.edu.au – to register for the event and receive the Zoom link.

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NSW State Library Fellowships open

There are a number of history-focused NSW State Library Fellowships that are currently open for applications. Applications due Friday 14 July 2023.

These include:

Coral Thomas Fellowship – $110,000 – Encourages deep and focused research into Australian culture, history and society, drawing on Australian and international research collections.

Australian Religious History Fellowship – $20,000 – The study and research of any aspects of Australian religious history of any faith.

CH Currey Memorial Fellowship – $20,000 – For the writing of Australian history from original sources, preferably making use of the resources of the State Library of NSW.

Dr AM Hertzberg AO Fellowship – $25,000 – Research into the history of Australian industry using the resources of the State Library of NSW.

Merewether Fellowship – $12,000 – The research and writing of 19th century NSW history using the resources of the State Library of NSW.

David Scott Mitchell Memorial Fellowship – $12,000 – The research and writing of Australian history using the resources of the State Library of NSW.

See here for more information on these and other fellowship opportunities with the library.

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Funding from Francis Forbes Society

The Francis Forbes Society  is offering small grants for legal history research proposals. The amount awarded will depend on the number of applications, but typically grants are a few thousand dollars to help defray costs of research/travel etc..  Any grant from the Fund must be made to a Deductible Gift Recipient, such as a University.

There is no formal application process. All that is necessary is to send Simon Chapple (schapple@13stjames.net.au)  a brief outline of the research proposal so that it may be considered by the Council of the Society. They don’t require a particularly detailed or formal proposal for the Council but something which outlined the purposes for which the grant was sought and its connection with the University, and how it would advance the Society’s aims is requested.  

The Society intend to make its decision about which projects to fund by 26 May 2023, so would appreciate receiving any applications prior to 19 May 2023.’

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2023-24 is the 200th Anniversary of the Supreme Court of New South Wales and the Legislative Council in NSW.[1]

The New South Wales Act 1823 (9 Geo IV c96) (Imp) established the Supreme Court of NSW with equity and full civil, ecclesiastical and admiralty jurisdiction (except for divorce) with Francis Forbes as its first Chief Justice. As a consequence of the Act, Letters Patent were sealed on 13 October 1823 and proclaimed on 17 May 1824. This is called the Third Charter of Justice. This created the deliberative Legislative Assembly of New South Wales.

New South Wales in 1823-1824 included the following current jurisdictions:

  • New South Wales
  • Queensland (separated[2] 1859)
  • Victoria (separated 1850)
  • Tasmania (Van Diemen’s Land separated 1825, changed name to Tasmania in 1856)
  • New Zealand (separated 1840)
  • Much of South Australia (separated 1836) and the Northern Territory (separated from South Australia 1911) [3]
  • The Australian Capital Territory (separated from New South Wales as Federal Capital Territory  in 1911)[4]
  • The only part of present day Australia which was not part of New South Wales at this time was Western Australia.[5] In our histories of the colonies we have sometimes failed to notice the expansiveness of NSW itself, tending to focus on the places where courts and legislatures sat – Sydney, Melbourne, Auckland and so on, rather than on the size and nature of the jurisdiction exercised by that early Supreme Court and covered by that early Legislative Council. 

The establishment of the Supreme Court of NSW and a deliberative Legislative Council at the time of the New South Wales Act 1823 and Third Charter of Justice in 1824 were therefore significant aspects of the history of most of Australia and of New Zealand.  

As the Australian and New Zealand Law & History Society we wish to join with the Supreme Court of NSW, NSW Parliament and other societies such as the Francis Forbes Society and the Selden Society in exploring the significance of this moment to all the inhabitants of the colony at the time and thereafter.  Part of the significance of the New South Wales Act was that it was legislative power used to legitimate (in the eyes of the British) the possibly less legitimate use of the royal prerogative to found the colony in 1788. It was thus a very strong intimation of the permanence of the colonial presence, which Indigenous and non-Indigenous people would have seen in different ways.

 The celebrations, symposia and events planned in the next two years by the various organisations may be found on their websites.[6]

At this stage we would like to call on you to think about this as a possible topic on which you might give a paper at the ANZLHS Conference in 30 November – 2 December 2023.


[1] https://www.parliament.nsw.gov.au/about/Pages/Bicentenary-of-the-Legislative-Council.aspx

[2] Most of these separations were by Letters Patent.  Norfolk Island was administered by Britain and sometimes by NSW until 1814 when it was abandoned until 1825, and the second penal colony started. It ran down in 1855 and the island was abandoned again until the Pitcairn Islanders settled it in 1856. It was a British colony but governed by the NSW Governor. In 1914 Norfolk Island was formally handed over to Australia as an external territory.

[3] South Australia was settled as the Province of SA on 28 December 1836. A slice was taken out of NSW which still had as its border 132° deg E. The bounds of SA were 132° E by 26°S by 141°E and all the northern part remained NSW; In 1846 there was a brief period from February to November when there was a Colony of North Australia : 129°E by 26°S to the easternmost coast of Australia, wiping out Queensland for that period. In 1860 the SA border was changed from 132°E to 129° thus leaving a little piece of NSW between SA and WA. In 1862  the Queensland border  moved to 138°E, leaving the NT area as NSW again.  In 1863 Northern Territory was annexed to SA, the whole being called SA. NT passed to Commonwealth control in 1911. In 1927 NT was divided into NT and Central Australia (CA). They were merged into NT in 1931.  Jervis Bay was added to the Federal Capital Territory in 1915, no longer part of NSW; and it became special territory of the Commonwealth of Australia in 1989.

[4] Federal Capital Territory became the Australian Capital Territory in 1911.

[5] WA was settled in 1929 as the Swan River Colony, soon after that called Western Australia.

[6] See footnote 1, above for Legislative Council website.

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Legalities: The Australian and New Zealand Journal of Law and Society is seeking submissions for the next general issue 2023(2).

Legalities welcomes submissions in the broad field of socio-legal studies that are contextually sensitive, theoretically informed, critically engaged and interdisciplinary in scope, including on topics such as law and society, legal geography, law and politics, criminology, law and economy, law and culture, legal history, feminist legal theory, critical race studies, critical legal theory, law and colonialism/imperialism, queer and transgender legal theory, environmental law, law and psychoanalysis, law and literature, law and social activism, animal law, law and education. We are particularly interested in work that speaks to the context of Aotearoa, Australasia and the Global South.
 
Submissions must not have been submitted for publication elsewhere. Articles should not exceed 10,000 words (including references). A submission of up to 5,000 words (including references) may be considered for our Interventions section and a submission of up to 2500 words for reviews. Papers should be in typed format and double-spaced. 

Please send submissions by email to: Trish.Luker@uts.edu.au

The style guide can be accessed here.

Legalities: The Australian and New Zealand Journal of Law and Society (Edinburgh UP)

Managing Editors

Prof Carwyn Jones, Pūkenga Matua (Te Wānanga o Raukawa) and Honorary Adjunct Prof (Victoria University of Wellington, New Zealand)
Assoc Prof Trish Luker, (University of Technology Sydney, Australia)
Prof John Page, (University of Canterbury, New Zealand)

Senior Editorial Consultant

Prof William MacNeil, (The University of Queensland and Victoria University, Australia)

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3rd Asian Legal History Conference

Call for Papers 3rd Asian Legal History Conference

The Transnational Legal History Group of CUHK LAW’s Centre for Comparative and Transnational Law is organizing the Third Asian Legal History Conference at the Chinese University of Hong Kong, Faculty of Law, Shatin, New Territories, Hong Kong on 20-21 June 2023. The conference is supported by the Asian Legal History Association. Previous Asian Legal History Conferences have been hosted, organized and supported by the Faculty of Law at Hue University, the Faculty of Law at Thammasat University, the Centre for Asian Legal Studies at the National University of Singapore and CUHK LAW.

The conference aims to bring together a diverse, interdisciplinary group of scholars, researchers and graduate students to share their research findings on topics relating to legal history in Asia. The conference is open to scholars anywhere in the world working on Asian legal history, broadly understood, and scholars based in Asia working on any legal history-related subjects.

Submissions on any subject, providing it pertains to legal history in Asia, will be considered. General topics may include:

  • The historical evolution of common law, civil law, and socialist law traditions in Asia;
  • Legal pluralism and jurisdictional clashes;
  • The history of a particular area of law (constitutional law, property law, criminal law, etc);
  • Theoretical and methodological issues involved in studying Asian legal history Dynastic law;
  • Customary law;
  • Colonial law;
  • Religious law (broadly understood), e.g. Buddhist Law, Confucian Law, Hindu Law, Islamic Law, etc.

The conference organizers are particularly interested in papers addressing the following subjects:

  • The history of law and empire;
  • Asian approaches to and influences upon the history of international law;
  • Explorations of the transnational connections between the manner in which the law has evolved in different Asian countries, and between Asian countries and other countries;
  • The history of law, gender and sexuality;
  • The history of international and regional organizations in Asia;
  • The history of public order law;
  • The history of law schools and of the formation of the judiciary and of members of the legal profession.

The conference will be held mixed-mode, including in person and online participants. Applicants should indicate whether they intend to attend in person or online. Applicants will be responsible for their own transportation and accommodation costs.

Proposals may be for individual papers or panels. Panel proposals are particularly welcome, as the field of legal history is wide, and while the organizers will endeavor to cluster like papers together, thematic, geographic and temporal diversity of topics inevitably means panels composed of individually-submitted papers will cover only loosely-related subject matters.

Individual paper proposals should include a 200-300 word abstract and the author’s contact information.

 Panel proposals should include a 200-300 word description of the panel, 200-300 word abstracts of three to four individual papers, contact information for each person on the panel and contact information for the chairs of the panel.

Applicants should indicate their current and/or former academic affiliations, as well as current professional affiliations,  on their applications by midnight (Hong Kong time) on March 15th, 2023.

For more details and to submit applications, visit here – https://www.law.cuhk.edu.hk/app/events/call-for-papers-asian-legal-history-conference-136/

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TRACE Award 2022 winner announced

Theory, Race and Colonialism Essay (TRACE)

to honour the memory and continue the work of Tracey Banivanua-Mar

For the best article published in law&history that engages theoretically with the themes of race and colonialism over the previous two calendar years (max 4 issues of the journal)

Judges:

Professor Catharine Coleborne (University of Newcastle, Australia) and Professor Angela Wanhalla (University of Otago, Aotearoa New Zealand)

Congratulations to Sharleigh Crittenden for her article ‘Race, justice and democracy: how the historical and contemporary representativeness of the criminal jury sheds light on the citizenship status of Indigenous Australians’, which is forthcoming in law&history 2022 (2)

In this timely and insightful article, Sharleigh Crittenden offers a sophisticated analysis of how ‘race’ and racism has produced franchise inequality and unrepresentative juries in Australia. Drawing on examples from Aotearoa New Zealand and Canada, Crittenden illuminates how the principle of random selection often overrides representativeness on juries, thereby further marginalising Indigenous participation in the legal system and generating further injustice. The most significant barrier to Indigenous participation in juries, though, is enrolment to vote, which only became compulsory for Indigenous Australian in 1984. Crittenden’s article is an extremely worthy winner of this award as it exemplifies the TRACE model by examining the historical significance and meanings of racism as it is both embedded and continues to live on through institutions shaped by colonialism and its aftermath.

The judges agreed that a second article should be Highly Commended:

Jennifer Jones, ‘Acknowledging Sovereignty: Settlers, Right Behaviour and the Taungurung Clans of the Kulin Nation’, law&history, 2021 (2)

Jennifer Jones has written a highly engaging article that examines the concept and practice of ‘right behaviour’ to re-examine relationships between the Taungurung clans of the Kulin nation and white settlers in the colony of Victoria. By using oral accounts and also re-reading settler memories it evokes the lived experiences of racism and oppression, forms of Indigenous recognition, and creates an action template for researchers. This is an original and extremely well-crafted piece of writing that is deeply rooted in evidence and in the material effects of colonialism.

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