09h30 – 09h55 : Accueil
Introduction : Raphaël Cahen (Vrije Universiteit Brussel – FWO/Marie Sklodowska Curie).
10h15 – 11h00 : Pieter Dhondt (University of Eastern Finland), The appointment of foreigners as a bonus or a pure necessity? Belgian discussions in a European perspective.
11h00 – 11h45 : Christoph-Eric Mecke (Leibniz Universität Hannover), Leopold August Warnkönig – ein europäischer Vermittler auf dem Gebiet von Rechtswissenschaft und Wissenschaftspolitik im 19. Jahrhundert.
11h45-12h30 : Vincent Génin (Katholieke Universiteit Leuven – FWO), Un socialisme de la chaire avant l’heure. George Wagemann à Liège (1819-1825).
13h45 – 14h30 : Jean-Louis Halpérin (École Normale Supérieure), Les circulations transnationales en matière d’enseignement du droit : une perspective globale.
14h30 – 15h15 : Wolfgang Forster (Universität Tübingen), Belgian origins of Krausism – Heinrich Ahrens in Brussels.
15h15 – 16h00 : Maxime Jottrand (Université libre de Bruxelles – Boursier FRESH, FNRS), La mobilité étudiante et les bourses de voyage de l’État (1836-1914). Un instrument de circulation des savoirs juridiques.
Conclusions : Jérôme de Brouwer (Université libre de Bruxelles)
Jeudi 4 avril 2019
Université Libre de Bruxelles
Centre d’histoire du droit et d’anthropologie juridique
Renseignements : firstname.lastname@example.org / 02.650.36.13
Accès : http://chdaj.ulb.ac.be/contact/
Jérôme de Brouwer (ULB)
Raphael Cahen (VUB-FWO)
Frederik Dhondt (VUB/Anvers)
Maxime Jottrand (ULB-FNRS)
Pierre Bonin (Paris 1-Panthéon-sorbonne)
Jacques Bouineau (La Rochelle Université)
Jean-François Gerkens (ULg)
Dirk Heirbaut (UGent)
Michael Stolleis (Max Planck Institut für europäische Rechtsgeschichte)
Abstract: Comparative law and legal history are witnessing a remarkable moment of reorientation in their methods and perhaps even in their disciplinary identities. Historically linked to and emerging from a shared paradigm of historical jurisprudence, both disciplines have developed their own institutions, canons of knowledge, mechanisms of communication, and academic practices over the last century. Both flourished under the juridical nationalism of the late nineteenth and early twentieth centuries, and this national paradigm has shaped their analytical framework and categories. Both disciplines are now also facing similar challenges due to the transnationalization of their object and of their institutional structures, but also due to the broad recognition of the importance of context and traditions. Consequently, both are increasingly situating their research on a global horizon, and both are endeavoring to decentralize their approaches and to expose themselves to new notions of law and justice.1 This situation suggests that there should be renewed dialogue between the two disciplines, but it also leads us to question what shape such a dialogue might take. What can they learn from each other?
I Seminari di Storia e Cultura giuridica hanno la finalità di stimolare dialoghi interdisciplinari e di valorizzare la componente storica del discorso giuridico contemporaneo.
Mostrando la varietà dei ruoli che l’esperienza storica assume in diversi ambiti disciplinari, e più in generale nella cultura giuridica odierna, vorremmo rendere più concreta, agli occhi degli studenti, la funzione formativa della storia del diritto di età medievale, moderna e contemporanea nel curriculum del giurista federiciano. Una funzione che non va intesa come meramente decorativa o genericamente “culturale”, e va invece collocata tra le componenti interne alla costituzione di un lessico tecnico consapevole per il giurista.
L’iniziativa aspira a mostrare, nel confronto con il passato, le potenzialità di trasformazione insite in ciascun ordine giuridico vigente.
L’edizione attuale conserva l’obbiettivo di coniugare internazionalizzazione, comparazione e interdisciplinarietà, in continuità con le analoghe esperienze degli anni scorsi, che hanno incontrato la partecipazione attiva degli studenti, e si sono giovate del contributo di numerosi studiosi apprezzati nella comunità scientifica internazionale.
Nel gennaio 1806 il re d’Italia e imperatore dei Francesi, Napoleone Bonaparte, approvò la traduzione italiana del Codice civile francese, che nello stesso anno entrò in vigore nel Regno d’Italia.
Il Codice civile napoleonico, noto come «Codice Napoleone», segnò in gran parte dell’Europa la nascita della codificazione moderna. Un solo testo di 2.281 articoli, stampabile anche in piccolo formato, conteneva il diritto civile, eliminando un sistema legislativo stratificato nei secoli.
Le Concordanze del «Codice», frutto di molti anni di lavoro, offrono per la prima volta a giuristi, linguisti e storici un accurato strumento di studio sull’influenza che il testo del «Codice» ha avuto sulla lingua giuridica italiana.
Il confronto diretto di ogni parola con l’originale francese facilita la conoscenza del «Codice», consente di approfondirne l’interpretazione, la tecnica di traduzione, le novità lessicali, l’innovativa tecnica linguistica che usa frasi brevi, definizioni, formule, esempi.
La pubblicazione delle «Concordanze» è anche un’occasione per riaccostare il nome di Napoleone a quello dell’Accademia della Crusca, ristabilita in forma indipendente, nel 1811, proprio da Napoleone.
Dissent, polemics and rivalry have always been at the center of intellectual development. The scholarly Streitkultur was given a fresh impetus by the newly founded universities in the High Middle Ages and later turned into a quintessential part of early modern intellectual life. It was not only mirrored in various wellknown intellectual debates and controversies – e.g. between Aristotelians and Augustinians, scholastics and humanists, Catholics and Protestants – but also embodied in numerous literary genres and nonliterary modes of expression – e.g. disputationes, invectives, consilia, images, carnivalesque parades, music, etc. – and discursive or political strategies – patronage, networks and alliances. Moreover, the harsh debates notwithstanding, consensus was also actively searched for, both within particular disciplines
and within society as a whole. The aforementioned genres and strategies are all modes of negotiating dissent, which raises several important questions regarding these intellectual ‘warriors’. What were the most important issues at stake and how were they debated? Did the debates in the public sphere reflect the private opinions of the scholars involved? What access do we have to those private opinions? Can we approach such controversies in terms of authenticity and truthfulness, or consistency and coherence? Is there a contrast between egodocuments and the published part of an author’s oeuvre?
Starting from these questions, the aim of this conference is to study the polemical strategies and the modes of rivalry and alliance in scholarly debate from the twelfth through the seventeenth centuries.
Topics of interest may include, but are not limited to:
FIND HERE THE CALL FOR PAPERS: CfP-TrueWarriors-Leuven
Please submit your proposal via email (email@example.com) by April 15, 2019.
Glossae. European Journal of Legal History 15 (2018): Comparative Legal History
The papers published under this general title are the proceedings of the conference held on 12 May 2017 at the Collège de France. They were included in the programme of the College’s
European Chair 2016-2017. The contributors represent a range of legal scholars and
historians who have all written on issues of comparative legal history. They come from
different European legal traditions and have all extensive personal experience in researching
legal systems different from that of their own legal education. Several have left their native
country and teach permanently in a different European country. Their research therefore
reflects, for periods from the Middle Ages until Modern Times, how a legal culture can
incorporate and transcend the particular interests which have affected legal developments in
The contributors had been asked to address the question at the heart of the European Chair’s
central theme: How to apprehend a European legal culture? Legal history presents models of
common laws which assume particular legal traditions. Comparative law requires, in order to
be able to proceed to any comparison, an interface between distinct legal systems.
Comparative legal history endeavours to trace back how the interaction between different
social groups, in different polities which may partly overlap, has contributed to legal
developments, to some extent through the construction of so-called authoritative ‘sources’ of
the law. At all levels of political governance, the legal instruments produced and used by that
governance always have their own particular features. However intricate that public
governance may be, its particular character is always exposed to actors from different
systems of governance, whether within its own domestic jurisdiction or in the course of its
foreign relations. Comparative legal history makes it possible to recognise, in a long-term
historical perspective, shared foundations of normativity which prove necessary in order to
ensure that the interactions may be worked out in peaceful order.
Several contributions published in this issue were presented in a different language at the
2017 conference. Those by Emanuele Conte, Yves Mausen, Mia Korpiola, Luisa Brunori,
Luigi Lacché, and John Bell were originally delivered in French; those by Anja AmendTraut, Wolfgang Ernst, and Aniceto Masferrer in English. The proceedings follow the same
order in which they were presented at the conference, by and large based on their
The co-editor who held the European Chair wishes to thank all the contributors for their
valuable cooperation, and in particular his two colleagues who assisted him in preparing the
publications of the conference’s proceedings (not without going through the peer review
process). The editorial work which resulted in the publication of these proceedings was a
collaborative venture undertaken by the three co-editors and co-authors of the present
foreword – a foreword inviting the readers of Glossae to find in these proceedings some
encouragement and food for thought for their own research in the field of comparative legal
Luisa Brunori Aniceto Masferrer Alain Wijffels
Frédéric Audren et Laetitia Guerlain
Clio@Themis, n° 15, 2019
Droit et Anthropologie : archéologie d’un savoir et enjeux contemporains
Introduction. Un nouvel agenda pour l’anthropologie du droit ?
En s’emparant de la thématique des rapports entre droit et anthropologie, ce numéro de Clio@Themis s’inscrit, à l’instar de numéros précédents, dans la perspective d’une histoire sociale et intellectuelle du droit. C’est à partir des rapports difficiles entre droit et anthropologie que ce volume poursuit plus spécifiquement l’enquête sur le couple droit et (autres) sciences sociales, entendu ici, non seulement comme objet, mais également comme méthode. Que les relations entre droit et anthropologie (…)
Difficulté et nécessité de l’anthropologie du droit
Abstract : This article aims to deepen the understanding of the Western legal tradition with the instruments of cultural anthropology. Recalling the properties of legal reason, it opens the way for a new relationship between law and anthropology. It also warns against the temptation to extend the domination of this Western reason over other societies and cultures.
Les juristes humanistes de la Renaissance, des anthropologues en puissance ? Réflexions autour de quelques études (principalement françaises) de cas
Abstract : Questioning the role played by jurists – mainly French – in the history of anthropology during the Renaissance, this article highlights the way in which humanist jurists found themselves, through their philological and historical work, at the heart of an immense collection of ethnographic knowledge. It shows how the extend of the progress in cosmography and legal comparatism allowed them to develop reflections of an anthropological nature. In doing so, it is necessary not only to focus on the contribution of humanist jurists to anthropology, but also to include the development of anthropology in the Renaissance in an epistémè belonging the legal field.
Law and Rationality : A Historiographical Survey of the Understanding of Motivation and Human Agency in Early Legal Anthropology
Abstract : The purpose of this article is to examine how nineteenth-century legal science conceptualized and dealt with otherness in law, with examples of legal phenomena such as ordeal and blood revenge to illustrate how the concept of legal rationality evolved in the early legal anthropology and how it still influences our understanding of legal otherness. It provides new insights on how, in the treatment of specific legal institutions, the ideas of reason and rationality could change as scholars used European medieval history to aid in the understanding of indigenous cultures.
Droit colonial et anthropologie. Expertises ethniques, enquêtes et études raciales dans l’outre-mer français (Fin du XIXesiècle-1946)
Abstract : In the context of 19th– and 20th-century French colonialism, anthropological knowledge plays a crucial role when it comes to legally categorising colonised populations. What are the forms, modalities and aims at stake when the law encountered that other knowledge ? What is the anthropology of colonial legal experts ? How are the knowledge, tools and techniques of anthropology mobilised by colonial jurists, and what are the consequences ? In the light of these questions, this article tackles the issues at stake when colonial law met physical and racial anthropology in the shaping of the statuses of subject and citizen in the French Empire. The analysis of the particular case of the non-recognised Métis being granted French citizenship shows that specialists in colonial law made extensive use of contemporaneous anthropological studies. Not only did they appropriate the contents of anthropological research, but they also learned a method which was to be mobilized in the judicial proceeding. In the 1920s, « ethnic expertise » and investigation became the pillars of a new legal proceeding that was, in large part, the result of the rapprochement of colonial law and racial anthropology.
René Maunier, Album graphique de la statistique criminelle de l’Égypte (1890-1918). Un inédit centenaire présenté par Alain Chenu
Abstract : As the head of statistics at the Egyptian ministery of Justice, René Maunieur drew up a « graphic album of penal statistics in Egypt » (1918), describing the trends in crime and offences registered by the « indigeneous jusrisdictions » from 1890 to 1918. This set of tables, curves, maps, and histograms follows an « explanatory note » where the author defined his guidelines and reviewed the literature in the field of criminal statistics in Egypt. In his presentation, Alain Chenu invites to an upgrading of Maunier’s involvement in the use of statistical methods, and tries to answer a question : why has Maunier, later on, left behind statistics ?
Entre science juridique et savoirs anthropologiques : évolutionnisme et histoire comparée du droit chez Émile Jobbé-Duval (1851-1931)
Abstract : This paper sketches the intellectual portrait of Roman law professor Émile Jobbé-Duval. It tries to analyse the way the author combines legal history with the anthropological and evolutionnist literature of the end of the 19th and the beginning of the 20th century. This article therefore reassesses the contribution of the French jurists to the making of legal anthropology. Their works have indeed been deeply influenced by their anthropological readings, which they have mobilised by using intertextuality.
Une brève historiographie de « pluralisme juridique » : quand les usages d’une notion en font un instrument de luttes politiques
Abstract : My basic argument is that “legal pluralism” (concept and words) is, in anthropological discourses, not only a descriptive notion, but above all a political struggles tool. Those struggles take place on three fields : scientific, academic, and ethical. All of them contest State and its law, its role in social-lige and how jurists legitimize this role.
La reconnaissance des peuples autochtones comme sujets du droit international. Enjeux contemporains de l’anthropologie politique en dialogue avec le droit
Abstract : This article explains how the relational political category [Indigenous Peoples] raises new debates in anthropology and law. By returning to linguistic issues – as the statement of this international category varies according to the dominant languages and its uses fall into various political contexts – it specifies the stakes of the differentiation between the terms « people » and « population », the [s] making a difference in English (the working language of the United Nations) between people (individuals) and peoples (collective). The treatment of indigenous issues induces a series of epistemological transformations stimulating an analytical reflection on the institutions and forms of government of the collective. New areas of dialogue between anthropology and law emerge from this perspective, particularly on the meaning of law, on land issues that must be reconsidered in the light of the pressure of multinational companies (extractive or agro-industrial) on indigenous territories and on systemic classifications.
Legalism : a turn to history in the anthropology of law
Abstract : Notorious definitional debates have characterized the anthropology of law, and scholars have not reached consensus over how “law” is to be distinguished from other social phenomena. This article suggests that light can be shed upon this issue by combining the insights of anthropologists and historians. Careful comparison among empirical examples highlights the importance of texts and the legal form. Case studies from Tibet are used to illustrate these points and draw attention to the phenomenon of legalism, that is, the use of generalizing rules and abstract categories to describe and organise the world. This provides a basis for exploring the nature and significance of law, both in the modern world and societies of the past.
Frédéric Audren | Jacques Flach
DOCUMENT : L’ethnologie juridique au Collège de France : le cours de Jacques Flach sur les Institutions primitives (1892-1904)
Abstract : This paper presents Jacques Flach’s Collège de France course in primitive law, which he taught from 1892 until 1904. It insists on the specificity of his historical and comparative approach. Ever attentive to studying institutions in their context, Flach proposes an innovative interpretation of feudalism, seeks to write a global history of law and endeavours to stress the institutional alterity of primitive societies. Flach is therefore among the first scholars to teach social and legal anthropology in France.
Annelise Riles (auteur)
Le droit est-il porteur d’espoir ?
Abstract : This essay asks what legal studies can contribute to the now vigorous debates in economics, sociology, psychology, philosophy, literary studies and anthropology about the nature and sources of hope in personal and social life. What does the law contribute to hope ? Is there anything hopeful about law ? Rather than focus on the ends of law (social justice, economic efficiency, etc.) this essay focuses instead on the means (or techniques of the law). Through a critical engagement with the work of Hans Vaihinger, Morris Cohen and Pierre Schlag on legal fictions and legal technicalities, the essay argues that what is “hopeful” about law is its “As If” quality.
Laetitia Guerlain (présentatrice) | Prune Decoux et David Foulks (traducteurs)
Hundreds of linear metres of archives from Ancien Regime courts still need to be processed and explored. But the case files of the Imperial Chamber Court conserved at the State Archives in Liège are now sorted and ready to be used in research that started in the 1970s in Germany.
The Imperial Chamber Court has produced thousands of proceeding files, of which over 2,000
are conserved at the State Archives in Liège. Their historical and archival importance cannot be underlined enough. These proceedings are mainly characterised by their written nature. Research might be of particular interest about the supporting documents whose iconographical and aesthetical value commands admiration.
In 1495, the Holy Roman Empire Saint-Empire was given a new court of justice. The
Reichskammergericht became the supreme court for civil matters. At first it was an ambulatory
court, before establishing in the land of Hesse, more precisely in the city of Wetzlar. Since then, the city’s name is closely associated with the history of the Imperial Chamber Court and its archives.
While historical science has mainly been focussed on politics, diplomacy and military history in the course of the 19th and early 20th centuries, it now delves into social history and microhistory.
An interesting reflection is taking place about the relation between archives and (state) power,
between the archivist and his or her commitment. From a civil point of view, archives might form a sort of “total history”. But this bears the question: can these archives considered as “total archives”? There are, among others, still many gaps in the history of law in the early modern period, regarding access to justice, efficiency of the justice system, quality and corruption of the judiciary, and the role of women.
As a follow-up to colloquium “Case closed! Case files from the Ancien Regime and perspectives for historical research” held on 11 March 2013 in Brussels, and the related inventory and works, as well as the exposition about the case files from the Imperial Chamber Court concerning Liège, the State Archives in collaboration with the Gesellschaft für Reichskammergerichtsforschung organises a new colloquium on 21 October 2019.
Draft papers (maximum 500 words including bibliography and notes) can be submitted until
1 March 2019