“Sovereignties” at Vanderbilt

[Here, somewhat belatedly, is the announcement of "Sovereignties," the Vanderbilt History Seminar this academic year.]

The theme of “sovereignties” offers [the Vanderbilt History Seminar] an opportunity to examine forms of power over a vast temporal and geographic terrain, from the most ancient kingdoms and empires to the modern nation-state. From this perspective, this theme will allow us to engage with fresh and exciting work in political, intellectual, and social history, much of it stimulated by living through an era of global history in which the borders and powers of nation-states have become deeply unsettled.  This unsettling has prompted interest in other kinds of polities across history—empires, city states, confederacies, and tribes—and how they have exercised control over their territory and peoples. It has also generated interested in the deployment of power by groups living “in between” territorially demarcated polities, both on land and at sea. We intend to explore the meanings of sovereignty and power in these borderlands and international maritime zones. And we will be keen to connect our interest in sovereignty to recent work on the break up of colonial empires, the formation of post-colonial and post-independence states, and the religious, ethnic, and racial identities that flourished in these political spaces.

Issues of sovereignty raise intellectual and social questions as well as political ones. We are interested in how different societies and legal regimes have defined sovereignty over time. We will chart how medieval polities began to distinguish the rights of rulers and subjects, and of “superior” and “inferior” groups, in varying parts of a domain, and how such distinctions congealed over time into early modern discourses about “sovereignty.” We will explore the ideologies and practices of “popular sovereignty” launched by the Atlantic Revolutions of the late eighteenth and early nineteenth centuries. And we will inquire into attempts made by rulers, from absolute monarchs to ordinary heads of families, across a broad array of state and non-state polities, to exercise sovereign power over the persons and, in many cases, the actual bodies of those who comprised their households.  Thinking about “household sovereignty” will make gender and reproduction key categories of our historical exploration.

Sovereignty raises questions, finally, not just about political power and patriarchal rule but also about mastery over the self. Self-rule, virtue, and a capacity for independence have been foundational elements of republicanism wherever it has appeared (ancient Greece and Rome, early modern Italian city states, eighteenth-century France, British America and Spanish America); on the other hand, a wide variety of discourses across history, from the theological to the medical and psychological, have challenged this vision of the autonomous, knowing, and disciplined self.  We will use the opportunity afforded by the sovereignty theme to explore varying conceptions of personhood across time and space.

[Participants and papers after the jump.]
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CFP: ASLH-ESCLH Panel on Traditions and Change

[Via H-Law, we have the followng CFP sent out by Christopher Tomlins, the Chancellor's Professor of Law, at the School of Law, University of California, Irvine,]

Proposals are invited from ASLH members interested in joining an ASLH-sponsored panel at the European Society for Comparative Legal History's biennial meeting, to be held 8-9 July 2014 in Macerata, Italy, at the University of Macerata.  (Conference proceedings will be in English.)

As part of its policy of international outreach, the ASLH has entered into an agreement with the ESCLH by which each association will sponsor a panel to take part in the other association's meeting on a biennial basis.  In 2013 the ASLH will host an ESCLH panel at its Miami meeting.  In turn, the ESCLH will host an ASLH panel at its Macerata meeting.

The theme of the ESCLH meeting is "Traditions and Changes."  The meeting organizers elaborate on the theme [here], where  additional information is available).  Here is a compressed version of the conference call:

"The conference encourages scholars to use comparative-historical approaches for working on the complex concepts of 'tradition' and 'change', both separately and in correlation.  What do we think tradition is? How is it made up, 'built' or 'invented'?  How does it relate to concepts like recollection, historical store-room, juridical experience, legal culture, and/or legal system?  What purpose does a tradition serve? Why and how is it used to promote or reject change and transformation?  Is tradition a synonym of 'past,' and change a synonym of 'future.' or does a dialectic prevail which can, at times, unite or separate tradition and change?  What role do jurists and doctrine carry in this field?  We encourage reflection not only on 'tradition' and 'change' as categories, but also on how they are used.  It is clear that power in general and public or private institutions in particular seek legitimacy though recourse to 'tradition,' or alternatively 'rationalization.'  Note also the growing use of polyvalent categories like 'western legal tradition' (both in the singular and the plural) or 'common constitutional traditions.'"

Papers for the ASLH panel will be selected with the following criteria in mind: appropriateness to the conference theme; historiographical/substantive originality; thematic unity for a single panel; and capacity to engage with the host society's scholarly audience.  Proposals on any area of comparative legal history that relates to the general theme of "Traditions and Changes" are welcome. Paper proposals submitted for the ASLH panel but not selected will be forwarded to the conference organizers for their consideration.

Participants in the ASLH panel are expected to seek funding support from their home institutions to meet the costs of conference attendance in the first instance.  "Top-up" support (maximum $5000 for the panel as a whole) will be available from the ASLH for participants whose home institutions will not meet their full expenses.  Proposals should consist of (1) a 250 word synopsis of the proposed paper, and (2) a US$ estimate of the prospective participant's expenses accompanied by a reliable estimate of the US$ funds available to the prospective participant to meet those expenses.

Proposals should be sent by email attachment to ctomlins@law.uci.edu.  Deadline for receipt of proposals is 15 December 2013.

CFP: Cuius Regio, Eius Religio

[We have the following CFP, from Gabriela Grochola, "Leader of the Section of State and Law History, Students Learned Society," Jagiellonian University.]

Jagiellonian University. Collegium Maius. Assembly Hall.  Credit
I am writing to give you information on an international conference Cuius regio, eius religio – history of relationship between Church and State, 14-15th December, 2013. The event is organized by employers, PhD students and members of the Student Learned Society of the Faculty of Law and Administration at the Jagiellonian University.  We would like to invite young researchers of law and the history of law: graduate students, PhD students and PhD graduates. Applications for the conference should be received until the 17th November 2013 on an application form and should include a short summary of main theses (maximum 300 words; methodology, bibliography). The applications will be verified and subsequently a response will be send. What is essential, the positive decision is required to make a payment. A presentation cannot take longer than 20 minutes and texts for publishing cannot exceed the length of 20000 characters. Two languages will be used during the conference: Polish and English. An edited book, composed of verified texts, is expected to be published, likewise antecedent events.

We provide participants with one meal during the conference.  A conference fee is fixed at 70 zlotys (PLN)/18 (euro). Accommodation is not included, nevertheless help with finding hotel or hostel will be provided. Bank account number will be attached to the response to your application.  For more information please contact us via e-mail: konferencjakrakow@gmail.com.  We strongly invite you to come to Krakow.

New Release: "Between Court and Confessional: The Politics of Spanish Inquisitors"

New from Cambridge University Press: Between Court and Confessional: The Politics of Spanish Inquisitors, by Kimberly Lynn. A description from the Press:
Between Court and Confessional explores the lives of Spanish inquisitors, closely examining the careers and writings of five sixteenth- and seventeenth-century inquisitors. Kimberly Lynn considers what shaped particular inquisitors, what kinds of official experience each accumulated, and to what ends each directed his acquired knowledge and experience. The case studies examine the complex interplay of careerism and ideological commitments evident in inquisitorial activities. Whereas many studies of the Spanish Inquisition tend to depict inquisitors as faceless and interchangeable, Lynn probes the lives of individual inquisitors to show how inquisitors' operations in their social, political, religious, and intellectual worlds set the Inquisition in motion. By focusing on specific individuals, this study explains how the theory and regulations of the Inquisition were rooted in local conditions, particular disputes, and individual experiences.
A few blurbs:
"The Inquisitor is a figure engulfed in myth, yet about whom very little is actually known. Kimberly Lynn sets the record straight in this thoroughly researched and well-written book. Showcasing individual portraits of five inquisitors from different parts of the early modern Hispanic empire, she offers a lively and convincing composite biography of a unique - and uniquely complex - figure poised between medieval theocracy and modern bureaucracy." -- James S. Amelang, Universidad Autónoma, Madrid

"This outstanding piece of scholarship demonstrates how little the Spanish inquisitors fit the conventional view of them as insular men in single-minded pursuit of heresy. In a series of exacting and illuminating portraits, Kimberly Lynn reveals them in the full range of their activities, engaged in turf battles, jostling for position at court, moving from post to post, suffering career setbacks and disappointments, and seeking patronage and bestowing patronage - that is, negotiating the complex power structures of early modern Spain like other members of the power elite." -- Miriam Bodian, the University of Texas at Austin 

The Pinkas of the Metz Rabbinic Court, 1771-1790

The Center for Jewish History and YIVO Institute for Jewish Research, 15 West 16th Street, New York, NY 10011, announce a symposium, Hidden from History: The Pinkas of the Metz Rabbinic Court, 1771-1790: Issues and Offshoots, convened by Jay R. Berkovitz, University of Massachusetts, Amherst.
Largely unknown to historians, the much-neglected records of rabbinic courts represent an unusually rich source for the study of the early modern family, community, social and economic life, and jurisprudence. With the approaching publication of the Pinkas of the Metz Beit Din, and following the recent appearance of the Frankfurt rabbinic court diary, “Hidden from History” will explore the range of issues that came before rabbinic courts in the last third of the eighteenth century and the implications of these records for the construction of memory and historical narrative.
Schedule and contacts after the jump.

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Madden on Law in the West after Justinian

M. Stuart Madden, formerly a former Distinguished Professor of Law at Pace University School of Law, has published "Paths of Western Law After Justinian," in the (gated)  Widener Law Journal 22 (2013): 757.  Here is the abstract:
This article relates the story of three principal paths of law in Western Europe from the periods preceding the gradual dissolution of the Western Roman Empire following the death of Justinian I in 565 A.D. through and including the several centuries thereafter. The period witnessed an acceleration of the absorption of Roman law into the customary law of the various Germanic groups that occupied and ruled the former Roman territories, and the recitation of such law in the form of new law codes promulgated by three of the major Gothic groupings: the Lombards, the Burgundians, and the Salian Franks.

In the main, the Germanic rulers were attentive to the need for laws that would suit not only German customary law as had been followed for many centuries, but also the Roman law to which their Roman constituencies, now under Germanic rule, had adhered. Importantly, even such Roman law as would be applied was only a bowdlerized version of Justinian’s contributions, as the Digests and other interpretative parts of the comprehensive Corpus Juris Civilis were somehow lost, only to be recovered some centuries later. Thus, for the first several centuries of Germanic rule, the only remnant of written Roman law available was the blunt-edged summarization contained in the Code of Justinian.

Germanic law was revolutionized by its new application to the governance of stable agricultural communities. The Gothic codes also advanced continental law in many ways that today can be seen as building blocks of emerging western law. Perhaps most significantly, the three law codes studied here demonstrate a preference for resolution of disputes by means of composition (compensation), and included monetary incentives therefore. By such means, the Goths were largely successful in turning their culture away from violent retributive justice towards systems of *758 composition for injury. Further to this end were the adoptions of wergeld as an appropriate compensation for a homicide, and also the widespread use of codified tables of composition to be associated with particularized lesser wrongs. These changes in Germanic law gave an increased likelihood of even-handed administration of justice, and provided also a monetized incentive for the family of a victim to forego mayhem in resolving disputes. As to the incidence of violent justice, many ancient Germanic practices, such as blood feud or trial by boiling water, were tamed or eliminated in the development of new agricultural societies. The Gothic codes also adopted remarkably modern distinctions between intentional and accidental harm, as well as negligence standards that assigned uncannily familiar significance to concepts of duty and proximate cause.

In sum, the law codes of the Lombards, the Burgundians, and the Salian Franks provided a civilizing legal bridge between the fall of the Western Empire and the more westernized law codes that would follow in the later Middle Ages.

Nicola on Critical [EU] Legal Histories

Fernanda Nicola, American University Washington College of Law, has posted Introduction: Critical Legal Histories in EU Law, which will appear in the American University International Law Review.  Here is the abstract:
This essay introduces a collection of articles spurred by the New Historians of EU law. These scholars offer a new way to reflect, in an interdisciplinary manner, on what EU law scholarship has accomplished until now and how it has shaped our shared European legal culture. Among the goals attained by the New Historians, there is a commitment to better understand how legal change has occurred in EU law through critical legal histories of understudied everyday practices. The aim is to offer new and multiple narratives to shed light on Europe’s past with implications for its future.

Chadwick on Prisoners, Spies and Deserters in WW1

Elizabeth Chadwick, Nottingham Law School, has posted The Second Death of Ilya Pavlovitch Bjuscheff: The Legal Position of Prisoners, Spies and Deserters During World War 1, which first appeared in Revue de Droit Militaire et de Droit de la Guerre 36 (1997): and was republished in the Nottingham Law Journal 13 (2004): 1-19.  Here is the abstract:    
The article is a legal analysis of Zweig’s fictionalised account, published in 1927, of a true story which occurred in German occupied territory during World War 1. 'The Case of Sergeant Grischa' concerns a Russian prisoner of war who escapes his labour camp, is recaptured wearing the clothes of a dead German soldier, and subsequently tried and executed as a spy by German occupying forces, even though his true identity, status, and purpose in escape were by then known. In this examination, the very limits of law during ideological, industrialised warfare are illustrated by means of the repercussions on one man, who essentially is left alone to struggle against the breach of known, ‘civilised’ rules of warfare regarding the treatment of prisoners, spies and deserters.

The article considers Grischa’s case through the lens of the international laws of armed conflict in force at the time. First, the origin and evolution in the 19th and early 20th centuries of what is today known as the International Humanitarian Law of Armed Conflict are introduced, after which specific provisions of the Hague Conventions 1899 and 1907, and Geneva Conventions 1864 and 1906, as they applied to prisoners of war, are outlined. The customs and usages of war found in contemporaneous military manuals supply additional details regarding the acceptable treatment of spies and deserters, while the laws governing enemy occupied territory – on which Grischa was initially imprisoned, escaped, recaptured, tried and executed – form the backdrop. Most troublesome is the human element, as a high degree of ideological and socio-economic rivalry existed not only between the main German officers in charge of Grischa’s case, but between the enemy belligerents.

Global alcohol consumption

An article in The Economist reports that the world’s inhabitants drank the equivalent of 6.1 liters (1.6 gallons) of pure alcohol per person in 2005, according to a report from the World Health Organization. The biggest boozers are mostly found in Europe and in the former Soviet states. Moldovans are the most bibulous, getting through 18.2 liters (4.8 gallons) each, nearly 2 liters (1/2 gallon) more than the Czechs in second place. Over 10 liters (2.6 gallons) of a Moldovan's annual intake is reckoned to be 'unrecorded' home-brewed liquor, making it particularly harmful to health. Drinking such moonshine accounts for almost 30% of the world's total alcohol consumption. The WHO estimates that alcohol results in 2.5 million deaths a year, more than AIDS or tuberculosis. In Russia and its former satellite states one in five male deaths is caused by drink.

Griffiths, "Dematerialization, Pragmatism and the European Copyright Revolution"

Jonathan Griffiths (Queen Mary University of London, School of Law ) has posted "Dematerialization, Pragmatism and the European Copyright Revolution." It is forthcoming in the Oxford Journal of Legal Studies. Here's the abstract:
Over the last three centuries, a particular model of copyright law has evolved in the United Kingdom. Under this "dematerialised" model, the law’s attention is directed towards an immaterial, malleable essence (identified as, amongst other things, “originality”, “labour and skill” or creativity”). This immaterial essence has come to serve as a touchstone for the resolution of all fundamental questions concerning the scope and attribution of rights under copyright law - as the threshold for legal protection, as a marker of authorship and as the key concept in the assessment of infringement. Nevertheless, some aspects of copyright doctrine have, until very recently, appeared to remain incompatible with this dominant model. In some situations, rather than focusing purely on an abstract form of property that is capable of shifting from form to form, the law has continued to limit the scope of a copyright owner’s powers by reference to the boundaries of the material form with which the work is first recorded. It is argued here that the maintenance of these apparently incompatible aspects of copyright doctrine is not necessarily the product of theoretical incoherence. Rather, the law’s continued ability to regulate some forms of copyright dispute by reference to material form has served an important function in justifying judicial resistance to expansionist pressures.
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Research Fellowship for European Administrative History

[We have the following announcement.]

Doctoral and postdoctoral students of European Administrative History, looking to finance the final phase of their research projects, may now apply for a JEVFellowship.  Named after its donor and publisher of the Yearbook of European Administrative History, Prof. Dr. Erk Volkmar Heyen, the JEV-Fellowship addresses excellent young researchers regardless their nationality and offers project funding for twelve months at maximum. Application deadline is 30 September 2013.

Prof. Dr. Erk Volkmar Heyen, former Professor of Public Law and European Administrative History at the Ernst-Moritz-Arndt University of Greifswald, Germany, was publisher of the Yearbook of European Administrative History from 1989 to 2008. Via the German University Foundation in Bonn, he recently donated a research fellowship in the field of European Administrative History. The so-called JEV-Fellowship aims to benefit the next generation of researchers and is now open to applicants for the first time. It particularly addresses doctoral and postdoctoral students of any nationality who are able to finalize their projects within a period of no longer than twelve months in case of funding. The JEV-Fellowship is open to all historical disciplines, provided the research project addresses an aspect of European administrative history within the period of the 16th to the 20th century.

The research topic should reach beyond national scope. Comparative approaches are welcome. Applications in German or English may be submitted until 30 September 2013 and should be sent in electronic form to: Priv.-Doz. Dr. Peter Collin at collin@rg.mpg.de. For further information please consult the original call for proposals.

The stipend amount is based on the usual rates for doctoral fellows of the German Research Foundation. In case of research being done outside Germany, the very local conditions will be taken into consideration. Unfortunately, marital status will not impact on the amount of funding. Travel or other costs may not be reimbursed.

Upon recommendation of a jury the Board of the German University Foundation in Bonn decides on and awards the JEV-Fellowship in January 2014.

World Remains Glum About Job Prospects

A 2012 Gallup poll of approximately 1,000 adults in each of 141 countries, it was found that Europe continues to lead the world in job market pessimism. Fifty-seven percent of adults worldwide said it was a bad time to find a job in their local communities last year, unchanged from 2011. One-third said it was a good time to find a job, also mirroring the 2011 figure.





















European countries, and particularly those that use the euro, dominate the list of places where residents are most pessimistic about the job market. Greece, Italy, and Spain were among the worst places to find a job last year, according to their citizens.
In Greece, a country that saw its economy shrink a cumulative 20.1% between 2007 and 2012, residents were nearly unanimous in assessing job prospects as bad (98%). The percentage of Greeks saying it is a bad time to find a job has soared 30 points over that same time span. 
Spain has suffered and continues to suffer from depression-like unemployment rates, so it is small surprise that 94% of residents considered it a bad time to find a job in 2012. Italy, weighed down by a massive debt load and a contracting economy, also had an astronomical percentage of its citizens (95%) expressing job pessimism.

The former Soviet Union saw the largest increase last year in the percentage of adults saying it was a good time to find work, with 27% saying this, up four points from the year before. 

Notably, no country from Sub-Saharan Africa or the Middle East/North Africa appears on the list of the worst countries to find a job. This does not signal uncommonly high job optimism in those areas, rather, it speaks to the depth of job pessimism haunting Europe.

Job perceptions across the world did not improve in 2012, even as most countries continued to recover from the global financial crisis. Countries where residents were most optimistic about their ability to find work are largely resource-based economies that have the benefit of selling an always-in-demand product, such as oil. The world's largest or most advanced economies, on the other hand, are among the places residents are most pessimistic about the job market. In particular, job pessimism has blanketed nearly every part of Europe, the world's second-richest continent.

Weekend Roundup

  • If you've never perused the website of the Historical Society of the New York Courts it is worth a look. 
  • Over at H-Law, Kenneth J. Hirsh, Cincinnati Law, plugs the Louis Marshall Papers at the Jacob Rader Marcus Center of the American Jewish Archives at the Cincinnati campus of Hebrew Union College.
  • Lori Clune, an assistant professor of history at California State University, Fresno, makes the case for sparing the Rosenbergs at HNN.
    • The American Academy in Berlin invites applications for its residential fellowships for 2014-2015, as well as early applications for the academic years 2015-2016 and 2016-2017. The deadline is Monday, September 2, 2013 (12 pm EST or 6 pm CET).  More.
      • The University of Pennsylvania Law Review is looking for contributors to “its online companion, Heightened Scrutiny. Essays selected for HS go through the full editorial process and are published to the major databases, in addition to being perpetually available on our website. We typically run shorter pieces with an eye towards more timely commentary on current events in the law.”
      • It's still June, so there's still hope for our summer writing agenda.  If you're feeling the need to be sternly talked to on the subject, try Rachel Toor in the Chronicle of Higher Education: I Don't Write Enough Because ...  Hat tip: Linda Przybyszewski.
      The Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

      The Euro Zone Remains Mired in Recession

      The euro zone remains mired in recession despite greatly improved financial conditions over the past nine months due to the European Central Bank’s efforts to save the currency.Output declined by 0.2% in the first three months of 2013 from its level late last year, the sixth consecutive quarter of a recession that started in late 2011. GDP rose by just 0.1% in Germany, the biggest economy in the euro zone and declined by 0.2% in France, the second biggest. Falls in southern Europe were much bigger, with GDP declining by 0.5% in Italy and Spain and 1.3% in Cyprus.

      Forecasts from the European Commission in early May showed annual euro-zone GDP shrinking by 0.4% in 2013, following a contraction of 0.6% in 2012. The economic reverse will be much deeper on the periphery of the euro zone than in its core. Cyprus is the worst performer this year as its GDP shrinks by 8.7%. Conversely, Estonia’s GDP will rise by 3% in 2013. Within the 27-nation European Union (EU), Latvia’s GDP will increase by 3.8%, and is expected to join the euro zone next January.

      The disparity between core and periphery is particularly stark in labor markets. Unemployment in Germany was just 5.4% of the workforce in March 2013, whereas in Greece and Spain it was around 27%. The gap is even bigger for young people. In Germany the youth jobless rate was 7.6% in March whereas it was 56% in Spain and reached 64% in Greece in February. These figures overstate the blight of youth unemployment because many young people are in full-time education and do not count as part of the labor force. 

      Even so there has been more rebalancing in the periphery than is sometimes appreciated. Current-account deficits which had ballooned in the first decade of the euro have narrowed. Portugal’s deficit has shrunk from 12.6% of GDP in 2008 to 1.5% in 2012; over the same period Greece’s has fallen from 15% to 3%. Primary budget balances are also on the mend. Greece’s is expected to reach zero in 2013 from its deficit of 10.5% of GDP in 2009. The highest primary deficit in the EU this year will be run by Britain, 3.9% of GDP.


      Despite these improvements, government debt levels are worryingly high in the periphery. Despite a bond buyback late last year and the write-down of over half of privately held debt in March 2012, Greek debt will reach 175% of GDP by the end of this year. Although Greece is being helped by interest deferral and maturity extension along with very low interest rates, it needs a further restructuring, this time of official debt. Italy’s debt burden continues to rise, to 131% of GDP this year, and debt in Ireland and Portugal is forecast to reach 123%.

      http://www.economist.com/blogs/graphicdetail/2013/04/european-economy-guide

      New Release: Murkens, "From Empire to Union: Conceptions of German Constitutional Law since 1871"

      Oxford University Press has released From Empire to Union: Conceptions of German Constitutional Law since 1871, by Jo Eric Khushal Murkens (London School of Economics and Political Science). Here's a description from the Press:
      Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration.

      What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union.

      Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised.

      Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
      The Table of Contents:
      Introduction
      Part I: Constitutional Law as a Discipline
      1. The Emergence of Constitutional Law as a Positive Discipline
      2. The Rejection of Constitutional Law as a Positive Discipline
      Part II: Constitutional Law as a Method
      3. Staatsrecht and Verfassungsrecht
      4. External Application to the European Union
      Part III: Constitutional Law as Political Jurisprudence
      5. Sovereignty and Continuity
      6. The Interpretation of the Basic Law by the Federal Constitutional Court
      7. The Structure of the Federal Constitutional Court's Decisions in Maastricht and Lisbon
      Conclusion
      Appendix: Excerpts from the Basic Law for the Federal Republic of Germany
      More information is available here.

      States and Jurisdiction: Three Essays

      During April, Comparative Studies in Society and History is providing access to three essays, each of which treat how states make jurisdictions and how people manage or fail to work around them.

      Frontier as Resource: Law, Crime, and Sovereignty on the Margins of Empire by Eric Lewis Beverly
      Nineteenth-century European colonialism produced a textured and uneven legal terrain rather than homogeneous imperial units. The fragmentation of sovereignty between empires and subordinated states created frontier zones that unsettled the workings of governance. This article views the developing landscape of power in high colonial South Asia from the loosely controlled frontier zone between Hyderabad, a Princely State ruled by sovereign Muslim dynasts titled Nizams, and the Bombay Presidency, part of Britain's Indian Empire, or Raj. I argue that the heterogeneous legal terrain along the border was a useful resource for administrators and subjects. State officials of both Hyderabad and Bombay justified various projects there; subjects of the two states shopped forums in a legal pluralist environment; and populations on either side of the border whose livelihoods and political agendas ran afoul of social pressures or the economic and cultural imperatives of state projects fled there from adversity. I examine cases of alleged cattle rustlers, bandits, and prostitutes and their engagements with police and courts to explore the political challenges and possibilities the frontier offered different groups. Colonial attempts to extend racialized policing practices across the frontier were frequently met by machinations of marginal people trying to avoid imprisonment or extricate themselves from oppressive social structures. Such figures could use the ambiguity of frontier legal authority to their advantage. The picture that emerges is one of a brute and often-arbitrary colonial power offset by alternative malleable sovereignties that resourceful subjects could play against one another.
      Jurisdictional Borderlands: Extraterritoriality and "Legal Chameleons" in Precolonial Alexandria, 1840-1870 by Ziad Fahmy
      This essay highlights the role of thousands of nineteenth-century Alexandrian residents with multiple extraterritorial legal identities. The manner with which extraterritoriality was practiced in Egypt effectively gave Western consulates legal jurisdiction not only over their citizens but also over all those able, through whatever means, to acquire protégé status. Many Alexandrians acquired legal protection from multiple consulates, shifting their legal identities in order to maximize their immediate social and economic interests. These legal realities present historians with the dilemma of how to account for and “classify” this highly flexible and syncretic society. I strive to answer this question through the use of a borderland lens. Realizing that the heart of Egypt's borderland society was legal has led me to consider the concept of “jurisdictional borderland” as a productive method for examining the complexity of Egypt's nineteenth-century heterogeneous population. I define a jurisdictional borderland as a significant contact zone where there are multiple, often competing legal authorities and where some level of jurisdictional ambiguity exists. Jurisdictional borderlanders have their own unique and independent agenda that often conflicts with many of the competing “national” or imperial positions. Without an allegiance to any single government—be it Egyptian, Ottoman, or Western—and living in a peripheral environment with multiple, separate, and often competing “national” institutions, these borderlanders thrived in the jurisdictional spaces created in between multiple authorities. I conclude by suggesting how a jurisdictional borderland lens is useful for globally investigating other colonial and precolonial cities, many of which had similar extraterritorial legal systems.
      Turk and Jew in Berlin: The First Turkish Migration to Germany and the Shoah by Marc David Baer
       In this paper I critically examine the conflation of Turk with Muslim, explore the Turkish experience of Nazism, and examine Turkey's relation to the darkest era of German history. Whereas many assume that Turks in Germany cannot share in the Jewish past, and that for them the genocide of the Jews is merely a borrowed memory, I show how intertwined the history of Turkey and Germany, Turkish and German anti-Semitism, and Turks and Jews are. Bringing together the histories of individual Turkish citizens who were Jewish or Dönme (descendants of Jews) in Nazi Berlin with the history of Jews in Turkey, I argue the categories “Turkish” and “Jewish” were converging identities in the Third Reich. Untangling them was a matter of life and death. I compare the fates of three neighbors in Berlin: Isaak Behar, a Turkish Jew stripped of his citizenship by his own government and condemned to Auschwitz; Fazli Taylan, a Turkish citizen and Dönme, whom the Turkish government exerted great efforts to save; and Eric Auerbach, a German Jew granted refuge in Turkey. I ask what is at stake for Germany and Turkey in remembering the narrative of the very few German Jews saved by Turkey, but in forgetting the fates of the far more numerous Turkish Jews in Nazi-era Berlin. I conclude with a discussion of the political effects today of occluding Turkish Jewishness by failing to remember the relationship between the first Turkish migration to Germany and the Shoah.

      The Changing Face of the Catholic Population Around the World

      In light of the recently announced resignation of Pope Benedict XVI, the Pew Forum on Religion and Public Life published an analysis detailing how the distribution of Catholics has drastically changed over time. In 1910, 65% of the Catholic population could be found in Europe, while only 24% of Catholics resided in Latin America and the Caribbean, and less than 1% lived in Sub-Saharan Africa. By 2010, the Catholic population significantly decreased in Europe but increased in the developing world. As of 2010, 39% of Catholics lived in Latin America and the Caribbean, followed by 24% in Europe, and 16% in Sub-Saharan Africa. Interestingly, the distribution of Catholics has remained stable in North Africa and the Middle-East over the past 100 years. In 1910, less than 1% of Catholics resided in the Middle East-North African region, and a century later the percentage of Catholics in the region still remains under 1%.

      Upon examining the percentage of Catholics within each region, the Pew Research Center also found that Catholics overwhelmingly dominated Latin America. Nearly 72% of the population in Latin America and the Caribbean is Catholic, followed by 35% in Europe, 26% in North America, 21% in Sub-Saharan Africa, 3% in the Asia-Pacific region, and 2% in the Middle East.

      Deteriorating Jobs Outlook Across the EU

      Across the European Union, the jobs outlook is steadily worsening. According to a Gallup report, over 90% of citizens in Greece (98%), Italy (95%), Spain (94%), and Ireland (92%) think that it is a "bad time" to find a job in their area. The majority of citizens in 25 of the 27 countries in the European Union report a pessimistic job outlook. This finding coincides with Eurostat's findings that the EU is currently experiencing some of the highest unemployment levels ever recorded in Europe. Countries with the most staggering unemployment rates include Spain (23.8%), Greece (25.1%), Latvia (15.9%), Portugal (15.7%), Ireland (15.1%), and Slovakia (13.9%). The jobs outlook across the EU has worsened since 2011, and in recent months (August 2012-September 2012), unemployment levels have continued to decrease. Since 2011, the jobs outlook has gotten significantly worse in Finland, the Netherlands, Luxembourg, Belgium, Sweden, France, Austria, Denmark, Hungary, the Czech Republic, and the United Kingdom.






      It is important to note that since 2011, there have been improvements in the jobs outlook in Latvia and Estonia. Additionally, the majority of Germans (46% compared to 43%) and approximately 1/3 of Swedes (32%) and Austrians (35%) feel that it is a "good time" to find a job in their country. Comparatively, 25% of Americans feel it is a "good time" to find jobs in their area. Also, the estimated percentage of the population that is employed by a full time employer has remained stable in most EU countries in 2012.




      However, the countries that have severely pessimistic jobs outlooks also have the lowest percentage of full-time employees. Less than 1 in 3 adults are employed full time in Greece, Romania, Italy, Belgium, Spain, and Ireland. Because of the decreasing percentage of the population that is employed full time, the tax-base is shrinking. Therefore, countries across the EU are not just facing high unemployment levels and dismal job outlooks; they are facing long-term economic instability.

      Worldwide Views of Immigration


      Recently released findings from a Gallup survey reveal which nations view their communities as good places for immigrants to live. While adults from 146 countries participated in the survey, citizens of New Zealand, (89%) Paraguay, (88%) and Canada (88%) demonstrated the strongest belief that their communities would be good locales for immigrants. Regionally, residents of the Americas, (71%) Europe, (67%) and Sub-Saharan Africa (66%) were most likely to view their communities as a good destination for immigrants. Most migrants cite countries in North America and Europe as their preferred destination; in accordance, countries in these regions are major receiving countries for immigrants. Few potential migrants cite countries in Sub-Saharan Africa as their desired destination. Therefore, citizens of Sub-Saharan countries are likely to have expressed the belief that their communities are good destinations for immigrants because of the high-volume of cross-border migration that occurs within these countries.

      Citizens of Asian nations (42%) and Middle Eastern and North African countries (48) were least likely to view their communities as good destinations for immigrants.  Specifically, citizens of Malaysia (77%) and Thailand (76%) demonstrated the greatest consensus that their communities would not be a good place for immigrants to live.

      American Students More Than Twice as Likely to Use Illicit Drugs Than European Students




      The European School Survey Project on Alcohol and Other Drugs (ESPAD) released its wide-ranging report on drug use amongst European teens.  The results can be compared to those of University of Michigan’s Monitoring the Future surveys in America, due to similarities in the methods and measures of the two surveys.  Comparison of the results illustrates a serious disparity in alcohol and drug use between teens in the U.S. and in Europe.  While 27% of Americans drank alcohol during the 30 days before the survey, the average rate among the 36 European countries of the ESPAD was 57% in the same time period.  Additionally, while 12% of American students reported smoking cigarettes in the 30 days leading up to the survey, 28% of European teens smoked cigarettes in the month prior to the survey.  On the other hand, the use of illicit drugs is quite different.  18% of American teens reported smoking marijuana or hashish in the past 30 days, while the average among European countries was only 7%.  Additionally, the proportion of American students aged 15 to 16 who report the use of any illicit drug other than marijuana in their lifetime was 16%, compared to 6% of students in Europe. 

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