The Ius Commune Workshop On Comparative Legal History 2024 is set to convene in Utrecht on November 28-29, 2024, focusing on the compelling theme of “Manifestations of Nature in Law.” This significant academic gathering, the 28th Ius Commune Conference, will host a dedicated workshop delving into the intricate relationship between nature and legal systems across history.
Unpacking Legal Formants Through Comparative History
The workshops under the banner of “Comparative Legal History – Ius Commune in the Making” are designed to illuminate the diverse legal formants that have shaped the evolution of law. Often, the underlying forces driving legal development are obscured by superficial similarities. History serves as a dynamic laboratory in this context. Previous workshops have explored crucial themes such as the roles of legal actors, the impact of legal sources, the strength of local laws, legal methodologies and dynamics, scholarly networks, paradigm shifts, pivotal debates in legal history, and the concept of legal innovation itself.
Nature in Law: A Contemporary and Historical Perspective
Nature’s influence on law is increasingly prominent, particularly in contemporary discourse. Issues like climate change, environmental protection, ecology, biodiversity, and species conservation are now central to legislation and judicial decisions, as exemplified by landmark cases such as the ECHR ruling on April 9, 2024. This has sparked significant scholarly debate, integrating empirical and scientific approaches into the complex legal framework, often amidst divided political and public opinions.
Nature and its various manifestations are frequently treated as objects to be regulated by human norms. Geographical areas are designated as natural resources belonging to individuals or legal entities, or even constructed as legal subjects themselves. Human activities within these natural spaces are governed by principles of sustainability. However, nature often remains confined within a legal framework that reflects a limited and potentially outdated understanding of reality. There is a growing need to incorporate a more holistic and perceptive understanding of nature into our legal systems, engaging both intellect and empathy.
Ius Commune Research School Logo for the Comparative Legal History Workshop 2024, Utrecht University.
History provides a rich tapestry of perspectives on nature (φύσις) and its legal manifestations (νόμος), revealing a landscape shaped by numerous formants. Traditionally, nature has been seen as the fundamental source of all existence, the Rerum Magna Parens. Natural law, alongside consensual law (both religious and secular), offers enduring, universal principles grounded in human rationality. The influence of nature can be traced throughout legal concepts, systems, principles, and reasoning across various eras and regions, evident in foundational legal and philosophical texts.
For instance, Roman law conceived of the “person” as inherently endowed with freedom by nature (Inst.1.3.1). Grotius famously defined things as “whatever is external to man and in any way useful to man” (Inleidinge, 2.1.3), highlighting the anthropocentric view prevalent since early modern times. Nature’s imprint extends beyond scholarly treatises into more vernacular, even poetic, expressions in customary law, case law, and legislation, where nature’s diverse aspects emerge. Montesquieu, following earlier thinkers, recognized the significant role of climate and environment in shaping laws (L’Esprit des Lois, ch 14-18). A frigid climate, for example, justified a Frisian widow’s right to sell or pledge family heritage to support her fatherless child (2nd Frisian londriucht). This perspective transcends Western legal traditions; anthropological studies reveal parallels in non-Western legal thought. As Hoebel noted in “The Law of Primitive Man,” many cultures recognize animals as possessing emotional intelligence akin to humans. Furthermore, as Chatwin observed, in Aboriginal Dreamtime traditions, the land itself comes into being through song and perception (Schreiner, According to Aboriginal Law). Understanding and observation are therefore crucial. The gap between primordial chaos (Tohu wa-bohu) and the legal personhood granted to the Whanganui River reflects the complex and evolving relationship between law and nature.
Call for Papers: Submit Your Abstract
Senior researchers and PhD candidates are warmly invited to contribute to the Ius Commune Workshop 2024 by submitting abstracts for papers related to the workshop’s theme. Abstracts, with a maximum length of 400 words, should be sent to Agustín Parise at [email protected] by July 15, 2024. Authors will be promptly notified of the selection outcome. All submissions and presentations should be in English. Co-authored papers are welcome. The organizing committee will prioritize submissions from early-career researchers when evaluating papers of comparable quality.
Researchers both within and outside the Ius Commune Research School are encouraged to submit abstracts. Please share this call with potentially interested colleagues.
For any inquiries, please feel free to contact the organizing committee members:
- Harry Dondorp ([email protected])
- Wouter Druwé ([email protected])
- Michael Milo ([email protected])
- Pim Oosterhuis ([email protected])
- Agustín Parise ([email protected])
We look forward to receiving your contributions and to a stimulating Ius Commune Workshop on Comparative Legal History 2024 in Utrecht!
