Ius Commune ‘Foundations’ Research Course – Live blogging (2)

It’s 14:15 and we just returned from lunch, and are getting straight back into a tougher bite: legal history and the Ius Commune. The presentation is given by Prof. Dr. C.H. van Rhee, Foundations of Law and Method and Chair of European Legal History. He asks us straight away: ‘What makes law a scholarly activity‘. Again a question that transcends the difference between private and public law, and is thus relevant for all participants and indeed everyone who is active in the field of law research. In the opinion of Prof. van Rhee the main aim is legal certainty. We want to make sure that similar cases are decided in the same manner. Legal mathematics in a way.

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Ius Commune ‘Foundations’ Research Course – Live blogging

It’s 11:28 and as I type this down Monica Claes, Maastricht-based professor in European and comparative constitutional law is disseminating the research of her team, also promising to take us, PhD’s gathered to follow introductory courses in doing research, into the realms of the constitutionalisation of Europe in general, but also global constitutionalism. European constitutional law is foreign to many of us present here today, since the 42 PhD candidates (from all Ius Commune universities) filling the room are studying a wide range of topics, from legal history to environmental law, from property law to risk management. However, the dual nature of European constitutionalism shows a dichotomy that most of us have already gotten used to: national principles of constitutional law creating a constitutional ius commune, but also their translation into European principles of constitutionalism. Citizenship thus becomes an important tool to assess the common understanding of  rights attached to such notion: how does constitutional law look at the concept of ‘people’?

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A Plea for a University College in Law

The weekend edition of De Volkskrant (a Dutch national newspaper) features an interview with Hans Adriaansens, founder and dean of the Roosevelt Academy in Middelburg. The Roosevelt Academy is one of the six ‘University Colleges’ in the Netherlands, all founded in the last 15 years and aimed at ambitious students willing to devote at least 60 hours per week to their studies. The Roosevelt Academy only admits a limited number of students, allowing everyone to get know each other and form, together with the teaching staff, a real academic community. In the interview, Adriaansens makes several remarks about university education in the Netherlands that are in my view of great importance for law faculties as well.

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Contract Law in China and Europe Compared

On 16 and 17 February 2012 M-EPLI organises a workshop in cooperation with Tsinghua University, School of Law devoted to contract law in China and Europe. This project is funded by the China-EU School of Lawand takes place in Beijing. We are delighted that we were able to bring together twelve European and Chinese experts in the field of contract law. The project will result in a book about the law of contract in both parts of the world. The programme is copied below. Anyone interested in participating in this conference should contact Nicole Kornet, Shiyuan Han or Jan Smits.

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The Politics of Property Law (No property law in CESL, CROBECO moving forward)

In the past six months, the European private law debate has been gaining momentum. The publication of the proposal for a Common European Sales Law, much debated already – such as in M-EPLI’s Round Table Conference held on 9 December 2011– brought to light what many property lawyers feared already. Recital 27 of the Common European Sales Law proposal refers all matters of property law to the applicable national law. The reasons for this are understandable – matters of property law are complicated and complex – but not necessarily agreed with.

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