Emilia Mataix Ferrándiz (HCAS), ‘Reconstructing Roman Sea Trade Law (2nd cent BC-3rd cent AD): Materials and Textual Evidence’ (15 January 2019)

Tuesday, 15 January 2019, from 2pm to 4pm, Porthania P669 (6th floor).

This study seeks to understand the changes in sea trade law and the material record associated with it in the period from 2nd cent. BC until the 3rd cent. AD. To that aim, it merges ancient legal sources and the archaeological record in order to understand if there was a relation within the rulings established by law and the materials and structures used in the practice. This study will bridge the gap between theory and practice, and intends to understand what kind of communication was established between lawyers and merchants. Thus, it will address the following main research questions: (1) what mechanisms to deal with sea trade were developed by Roman law from the 2nd cent BC until 3rd cent. AD? (2) How did the changes in the law have a reflection in the artefacts and infrastructures used in commercial daily life? (3) Was Roman law designed for traders and inspired by them? Conversely, (4) were traders aware of all the particularities of Roman trade law? These questions relate to other fields of research, such as the role of political authorities in the changes in the law. It will study legal commercial mechanisms (e.g. agreements, agency) chronologically and focusing on the areas of the case studies. The commercial sites from Rome and Arles’ connections to the sea will be mapped and the areas where material evidence has been attested will be linked with the legal sources associated.

The discussant is Katja Tikka.

Dr Mataix Ferrándiz is currently Core Fellow at the Helsinki Collegium for Advanced Studies (HCAS). She defended her PhD in Roman law in 2014 (University of Alicante and Facolta di giurisprudenza Palermo) concerning criminal liability for shipwrecking. She has just completed a second PhD in archaeology at the Universities of Southampton and Lyon 2 concerning the epigraphy of merchandise. Her research interests are in Roman law, and especially with a commercial and maritime focus. Moreover, her work also examines the ways in which the material of inscribed artefacts provides information regarding their use as objects of communication. The materiality of the epigraphy of merchandise is set against the background of Roman law shifting the focus from traditional linguistic analysis to the means by which inscribed texts were created, shaped, and used as commercial tools in the different regions of the Mediterranean.

Sanne Taekema (Erasmus University Rotterdam), ‘Exploring the concept of interlegality: From local to transnational legal orders’ (6 June 2018)

Wednesday, 6 June 2018, from 2 pm to 4 pm, Porthania P545 (Faculty room).

A generally recognized feature of the modern legal world is the existence of multiple bodies of law, which co-exist, interact and conflict in various ways. The concept of interlegality generates a specific perspective on this phenomenon, seeing it as a process of mixing elements of different legal orders to create a new legal order. Speaking of interlegality then leads to a consideration of different legal orders between which linkages appear. In this paper, the main question is how to understand the concept of ‘legal order’ in light of interlegality.

Interlegality is used as an analytical tool by socio-legal scholars, especially in legal anthopology. The term also appears in transnational legal theory. However, these uses of interlegality seem to presuppose different notions of legal order. In this paper, a view of legal order as a system is contrasted with legal order as an interactional practice. An argument is made that the plurality and tension highlighted by interlegality are problematic in a systemic view of legal order, and can be accounted for in an interactional  view. However, taking the interactional view to its limits may lead to a collapse of the notion of order altogether. This paper considers how an interactional view may incorporate elements of systemic order in order to do justice to interlegality in local and transnational contexts. Examples will be discussed in which the local and the transnational touch, such as the impact of human rights law on city governance and local support for transnational regulatory schemes.

***

Sanne Taekema is Professor of Jurisprudence at the Department of Sociology, Theory and Methodology, Erasmus School of Law. Her research addresses various themes in legal philosophy and methodology, including the rule of law, especially in a transnational context, general issues of legal theory, particularly the role of values in jurisprudence and legal pragmatism, methodology of legal and interdisciplinary research, and law and literature. She is Director of the research programme Rethinking the Rule of Law in an Era of Globalisation, Privatisation and Multiculturalisation and leads the research project Integrating Normative and Functional Approaches to the Rule of Law and Human Rights (INFAR). She is one of the editors-in-chief of the journal Law and Method. She has published widely on theoretical and socio-legal issues, including two edited collections Facts and Norms in Law. Interdisciplinary Reflections on Legal Method (Edward Elgar, 2016; co-edited with B. van Klink & W.H.J. de Been) and Law and Method. On Interdisciplinary Research into Law (Mohr Siebeck, 2011; co-edited with B. van Klink).

Fabrizio Esposito (EUI), ‘The case for a collaboration between law and economics: Minimalism, consumer welfare and fairness in EU antitrust and consumer law’ (24 April 2018)

Tuesday, 24 April 2018, from 2pm to 4 pm, Porthania P673 (6th floor).

“Market relations ought to be fair or efficient?”. This short question encapsulates the core of the conceptual disconnect between legal and economic research. The tensions between the two disciplines ultimately rest of the divergent answers to this question. This research shows that this sempiternal disagreement rests on a false assumption, namely that fairness and market efficiency are necessarily different concepts. A different account is possible. An efficient allocation of resources maximises consumer welfare, and not total welfare. Moreover, an efficient allocation of resources ensures the equality between the performances of the contractual parties and therefore the fairness of market relation. Accordingly, a fair market allocation is efficient and an efficient market allocation is fair.

This finding calls for a collaboration between lawyers and economists. This collaboration requires respecting the core commitments of the disciplines involved while, at the same time, taking full advantage of their comparative advantages. This primary claim is warranted by three sub-claims: one economic, one translational, and one doctrinal. The economic claim holds that consumer welfare is a maximand used in market efficiency analysis in alternative to total welfare. The translation claim holds that with consumer welfare as the maximand, it is possible to offer a plausible economic account of fair market relations. Finally, the doctrinal claim holds that consumer welfare explains better than total welfare the content and practice of a significant portion of EU antitrust and consumer law as it currently stands.

***

Fabrizio Esposito is completing his doctoral thesis at the European University Institute. You can download the presentation here.

This is a session in the Postgraduate Research Seminar (‘tutkijaseminaari’) for General Jurisprudential Studies (i.e. legal history, legal theory, sociology of law, law and gender studies), but all interested are cordially welcome. The session will be chaired by Professor Heikki Pihlajamäki.

Exploring the ‘studies’ in socio-legal studies: A postgraduate research seminar with Professors Reza Banakar and Tamara Hervey (3 May 2018)

Thursday, 3 May 2018, from 10am to 3pm, Porthania P545 (Faculty room).

The aim of this HSLI seminar, specifically tailored for both doctoral students working on their thesis projects and for postdoctoral researchers planning funding applications for the autumn round, is to provide clear guidance on the benefits and possibilities of socio-legal research in addressing contemporary legal phenomena. Themes to be discussed include the relationship between socio-legal research and more traditional approaches in law, as well as ways in which to proceed from research question to a socio-legal research design.

The two main speakers of the seminar are Professor Reza Banakar, Department of Sociology of Law, Lund University, Sweden, and Professor Tamara Hervey,  Jean Monnet Professor of European Union Law, School of Law, University of Sheffield, UK.

Professor Jo Shaw, Salvesen Professor of European Institutions, School of Law, University of Edinburgh, UK, will also be in attendance providing comments and participating in the discussions.

Professor Banakar, a sociologist by training, has published widely in the areas of law and social theory, socio-legal methodology, legal cultures, ethnic discrimination, public ombudsmen, law and literature, and rights. His most recent methodological texts (e.g. Normativity in Legal Sociology: Methodological Reflections on Law and Regulation in Late Modernity, Springer 2014 , available to UoH staff and students as an ebook) have dealt with especially the turbulent intersection at which socio-legal research meets doctrinal work.

Professor Hervey’s publications are mainly in the areas of European Union law, health law and policy in trans-national contexts, and discrimination law and social rights. Her current areas of interest include transnational, global and comparative health law, and equality and diversity. In addition to her own research, Professor Hervey developed and delivered with colleagues a module on legal research methods for doctoral students which gained national recognition through a successful research council application in 2006. Eventually the project resulted in the co-authored book Research Methodologies in EU and International Law (Hart, 2011).

During the second part of the seminar, two doctoral students will present their thesis projects and receive feedback from all seminar participants, including the main speakers.

No registration is required. The seminar, organized with generous support from the Doctoral Programme in Law, is open to all. Full attendance will count towards two sessions in the postgraduate research seminar (‘tutkijaseminaari’) of general jurisprudential studies (legal history, legal theory, sociology of law, law and gender studies) which doctoral students from all disciplines may benefit from.

The name of this seminar is a take on two informative introductions to socio-legal research. Professor Hervey has contributed to the 2016 collection.

Cowan, David and Daniel Wincott (eds) (2016) Exploring the ‘Legal’ in Socio-Legal Studies. Basingstoke: Palgrave Macmillan.

Feenan, Dermot (ed.) (2013) Exploring the ‘Socio’ of Socio-Legal Studies. Basingstoke: Palgrave Macmillan (this book is currently available to UoH staff and students as an ebook through Springer).

Programme

  • 10:15am Opening words
  • 10:25am Professor Reza Banakar (Lund), ‘Socio-legal research: What has empirical research to offer the law, legal studies and legal education?’
  • 10:55am Professor Tamara Hervey (Sheffield), ‘”Law in books”, “law in practice”, “law in context”: studying the effects of the emerging post-Brexit constitutional settlement on health’
  • 11:25am Discussion

11:45am Lunch break

  • 1:15pm Two doctoral student presentations
    Tero Kivinen, ‘Reimagining Animal Law’
    Kangle Zhang, ‘The Expertise of the Rating Agencies and Their Distributive Effects’
  • 2pm Comments and discussion
  • 2:15pm General discussion
  • 2:45pm End of seminar

Julie Billaud (Sussex), ‘Auditing the world: Reflections on the transformation of “compliance” monitoring techniques in International Organizations’ (12 April 2018)

Thursday, 12 April 2018, from 2pm to 4pm, Language Centre (Fabianinkatu 26), lecture room 403.

Since the turn of the century, the regulatory regimes of human rights (HR) and humanitarian law (IHL) have moved away from legal discourses based on a broad vision of justice to incorporate quantitative instruments aimed at strengthening ‘compliance’. Focusing on the ubiquitous presence of audit in international organizations, this lecture investigates the link between the utopian ideals embodied by global administrations and their concrete implementation in everyday bureaucratic work. Adopting an anthropological perspective informed by a genealogical method, the objective is to analyze the effects of audit as a standard for ensuring accountability. By comparing mechanisms designed to monitor international law at the UN Human Rights Council and at the International Committee of the Red Cross, the lecture identifies elements of continuity and rupture in principles and practices between monitoring mechanisms used in the recent past and in the present. It asks: What is driving the spread of audit in international organizations? Which actors, using which regimes of values, legal technologies and knowledge practices, intervene in the field of international monitoring to produce ‘compliance’? Answering these questions will generate a better understanding of key transformations in the transnational legal orders of IHL and HR: 1) the increased translation of the ‘global public good’ in quantitative terms, 2) a shift from a regulatory regime based on external supervision to one based on States’ self-regulation via ‘transparent’ self-accounting. I argue that the study of the deployment of audit in the utopian field of ‘world justice’ will provide insights of public relevance to understand the rationalization efforts that characterize modern institutions.

***

Julie Billaud is a legal anthropologist researching Afghanistan, European Islam, gender, international governance and human rights. She is the author of Kabul Carnival: Gender Politics in Postwar Afghanistan (University of Pennsylvania Press, 2015) as well as numerous articles. She is currently Research Associate at the University of Sussex Rights and Justice Center. She is also the co-founder of allegralaboratory.net.

Jo Shaw (Edinburgh/HCAS), ‘Integration, Dis-integration and Citizenship in a Troubled European Union’ (3 April 2018)

HCAS Brown Bag seminar on Tuesday, 3 April 2018, at 12.00noon, Helsinki Collegium for Advanced Studies (Fabianinkatu 24), HCAS Common Room (third floor).

The paper examines the impact of the EU upon citizenship, and uses two cases of ‘shunning’ and ‘seeking’ membership in north west and south east Europe in order to study the partial, fragmentary and contested governance of citizenship in the euro-polity. Just because the power to set the rules on acquisition and loss of citizenship is prima facie a paradigm case of national sovereign prerogative, this does not mean that these rules are not influenced by factors such as migration flows, the measures taken by other countries and the activities of supranational and international organisations. We will see how the two processes of shunning and seeking membership (Brexit and enlargement in south east Europe) magnify tensions within the multi-level architecture of citizenship in Europe. Since neither case evinces a smooth pathway to exit or entry, this intensifies pressures on the citizenship regimes of states in ways that extend beyond the immediate implications of the guarantees of freedom of movement and non-discrimination on grounds of nationality or other relevant provisions (e.g. on visa liberalisation) to be found in EU law. We can use these cases to observe the ebbs and flows of what is often termed ‘Europeanisation’, understood in a broad socio-cultural sense that encompasses not only the enforceable legal obligations of EU membership, but also other issues of ‘fit’ between the EU and the national and subnational levels of governance.

***

Jo Shaw is Salvesen Professor of European Institutions at the School of Law, University of Edinburgh, UK, and EURIAS Fellow at the Helsinki Collegium for Advanced Studies (2017-2018).

Samuel Kirwan (Warwick), ‘Breaking Free of Debt: On Legal Advice and “Speculative Time”‘ (28 February 2018)

Wednesday, 28 February 2018, from 2pm to 4pm, Porthania P545 (Faculty room).

The rising tide of household debt across Europe has wide and far-reaching effects, re-shaping relationships, families and whole communities. This talk discusses the work done by UK advice agencies in managing and challenging household debts. It considers first the emotional labour involved in explaining legal frameworks of debt with reference to the Foucault’s work on ‘parrhesia’, and second the broader role in enabling access to otherwise exclusionary legal frameworks as a form of legal ‘commoning’. Yet the talk describes also how these legal, regulatory and advice frameworks remain tied to a ‘disciplinary’ structuring of time that is both out of step with spending patterns and the temporal projections of the credit industry. Drawing on the concept of ‘speculative time’, the paper describes how credit is specifically sold as a disruption of the disciplined life, and how legal activism and critical legal studies must adapt to the changing landscapes of debt and finance under neoliberalism.

The seminar is organized by the disciplinary cluster General Jurisprudential Studies. For further information, please contact Dr Susanna Lindroos-Hovinheimo (susanna.lindroos(a)helsinki.fi).

***

Dr Samuel Kirwan is Leverhulme Early Career Research Fellow at the Department of Sociology, University of Warwick, UK. He is currently working on a project entitled ‘A Sociology of Everyday Indebtedness’. The project investigates how households deal with and experience different debts, with a particular focus upon the growing problem of ‘priority’ debts, namely Council Tax and rent arrears, understandings of the Debt Relief Order and other insolvency measures, and how debt shapes familial and social relations.

Before Warwick Dr Kirwan worked at the University of Bristol on the ‘New Sites of Legal Consciousness’ Project, looking at the work and experience of advisers with the Citizens Advice Service.

How to Research Transparency: A TrUE Workshop (22-23 March 2018)

The EU Treaties create a clear presumption for transparency and access to information which is assumed to lead to increased citizen participation. In reality, opposition seems to exist. The ‘Transparency in the EU – From Reaction to Manifesto?’ (TrUE, funded by the Academy of Finland 2017-2021) project aims to break down the practices assigned to ‘transparency’, in particular in regard to ‘participation’ and ‘efficiency’ in the EU. It will critically investigate the promise invested in transparency both on a theoretical (What does the nexus between transparency and participation imply?) and a practical level (Does it work as it should? Is it changing?).

The workshop concentrates on the methodological aspects of the TrUE project. It brings together some of the key authors on transparency in the EU. and the TrUE team to discuss their methodological choices. The workshop is organised in collaboration with the UEF Law School, the European University Institute and the Helsinki Socio-Legal Initiative (HSLI).

The event is open to all. Kindly register by filling this form.

All are welcome!

Programme

Day 1 – Thursday 22 March 2018

Morning Session – Room P545

10:00-10:15 Opening Remarks, Päivi Leino-Sandberg (University of Helsinki)

10:15-11:00 On researching for Democratic Decision-Making in the EU: Technocracy in Disguise? (Routledge 2013), Anne Elizabeth Stie (University of Agder)

11:00-11:30 Coffee break

11:30-12:15 On researching for Living Transparency. The Development of Access to Documents in the Council of the EU and its Democratic Implications (University of Amsterdam 2017), Maarten Hillebrandt (Bielefeld University)

12:15-13:00 On researching for Deliberation behind Closed Doors. Transparency and Lobbying In the European Union (ECPR Press 2007) and Unveiling the Council of the EU. Games Governments Play in Brussels (Palgrave 2008), Daniel Naurin (University of Oslo)

13:00-14:00 Lunch (invitation only)

Afternoon Session – Room P417

14:00-14:30 Theory as a tool for studying transparency & participation in EU law: pros and cons? Päivi Neuvonen (University of Helsinki)

14:30-15:00 The teleology of transparency – constituting the institutions of public opinion, Vesa Heikkinen (University of Helsinki)

15:00-15:30 The intersections of transparency, efficiency and quality of legislation, Daniel Wyatt (University of Helsinki)

15:30-16:00 Action research, Päivi Leino-Sandberg (University of Helsinki)

Day 2 – Friday 23 March 2018

Morning Session – Room P545

10:00-10:45 What I have learned from researching transparency and on the challenges ahead, Deirdre Curtin (European University Institute)

10:45-11:15 Coffee break

11:15-12:00 Interviews as a means to bring transparency to litigation objectives, Hans-W Micklitz (European University Institute and University of Helsinki)

12:00-13:00 Interviewing lawyers, Päivi Leino-Sandberg (University of Helsinki) and Emilia Korkea-aho (University of Eastern Finland and University of Helsinki)

13:00-14:00 Lunch (invitation only)

Afternoon Session – Room P545

14:00-14:30 Transparency’s metaphorical promise, Ida Koivisto (University of Helsinki)

14:30-15:00 Arguing transparency in the CJEU: points of law raised by intervening Member States, Liisa Leppävirta (University of Helsinki)

15:00-15:15 Closing Remarks, Päivi Leino-Sandberg (University of Helsinki)

Elizabeth Kirk (Nottingham Trent), ‘Mapping International Law to Dynamic Three-Dimensional Ecosystems’ (19 January 2018)

Friday, 19 January 2018, from 2 to 4pm, Language Center (Fabianinkatu 26), seminar room 309.

The world’s marine ecosystems change naturally across both space and time, and in so doing they provide a challenge for law. Law is designed to ensure certainty; as such, it tends to grant rights and entrench agreed ways of behaving, including agreed ways of interacting with ecosystems. The result is that law cannot easily respond to either natural changes in ecosystems or to the impacts of human use of the oceans. This in itself is problematic – it paves the way for overfishing, and for floating islands of plastics and other rubbish. If law is to be fit for the purpose of managing dynamic three-dimensional marine ecosystems, it may have to change. The question then is: how should it change?

Traditionally, international law regulated use of the oceans by dividing them, the uses made of them, and the problems that arise, into sectors. This division of the oceans, largely made on the basis of lines drawn on two-dimensional maps, has given individual states jurisdiction over certain areas of the oceans, with the high seas left for all to use as they wish. Sometimes these individual states come together to form groups, sharing their jurisdiction to address single-issue problems such as overfishing or marine pollution. As often as states cooperate in the management of the marine environment, disputes over its use will arise. The result is a fragmented, or perhaps perforated, system of governance. Although some legal structures and norms exist, there are significant holes in the system.

In this lecture, Elizabeth will contrast this traditional approach of international law to ocean governance with the more holistic approaches now being adopted, such as the ecosystem approach. In doing so, she will explore the gaps and problems that remain in the ability of international law to govern naturally dynamic three-dimensional marine ecosystems that are increasingly affected by human activities.

***

Professor Elizabeth Kirk is Professor of International Environmental Law at Nottingham Trent University, UK, and Deputy Chair of the Governing Board of the IUCN Academy of Environmental Law and sits on the Managing Board of the European Environmental Law Forum.

Elizabeth’s research highlights weaknesses in current understanding of the production of normativity in both national and international law and provides methods for better understanding these processes. For example, Elizabeth’s research shows that the form of law is less important than the content and that other factors, such as trust and educational activities may be more important, in the production of normativity.

It also changes conceptions of the role of science in both international and national environmental law, demonstrating that the role of science is often less significant than one would anticipate. Instead Elizabeth’s research has led to the insight that the key to normativity (and hence compliance) lies in the role played by a variety of actors in shaping the development of legal norms, through formal participation in decision-making, direct and indirect lobbying, the linking of disparate legal regimes and the creation of new cultural norms, which influence the development of legal norms and the implementation process.

EU Law and Social Relations (4-5 December 2017)

Research seminar, 4–5 December 2017
Venue: room P545 (5th floor of the Law Faculty building Porthania, Yliopistonkatu 3, Helsinki)

Monday 4 December

1 pm-3 pm

Keynote talk by Professor Loïc Azoulai (Sciences Po Paris): EU Law is not free from its Forms of Life
Discussion

3 pm-5 pm

Veronica Corcodel (Sciences Po Paris): The Legal Construction of Migrant Forms of Life: From Calais to Reception and Orientation Centers
Comments: Magdalena Kmak (Associate Professor in Minority Studies, Åbo Akademi University)
Discussion

Hanna Eklund (Sciences Po Paris): An Initial Reflection on EU Law and the Nationalist Form of Life
Comments: Päivi Neuvonen (Academy of Finland Postdoctoral Researcher, University of Helsinki)
Discussion

Tuesday 5 December

10 am-1 pm

Lola Avril (Sciences Po Paris): The European Regulated Professions as Forms of Life – A Sociological Account of the Attempt to Build a European Legal Profession (1957-1977)
Comments: Heikki Pihlajamäki (Professor of Comparative Legal History, University of Helsinki)
Discussion

Toni Marzal (Sciences Po Paris): Territoriality of EU Law and Forms of Life
Comments: Suvi Sankari (Academy of Finland Postdoctoral Researcher, University of Helsinki)
Discussion

FOLIE studies the role of European Union law in social relations and practices pertaining to migration, families, markets, territory, nations and other such formations of social life. The director of the group is Professor Loïc Azoulai, who has published extensively on theory of European law. His latest books include the edited volume ‘Persons and Personhood in EU Law’ (L. Azoulai, S. Barbou des Places, E. Pataut eds.). Please find more information about FOLIE here: http://www.sciencespo.fr/folie/

Everybody is welcome to the event, no prior registration needed. Coffee will be served.

Susanna Lindroos-Hovinheimo & Suvi Sankari