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Ius Commune promovendiopleiding 2023-2024. Comparative Law Research and Methodology

Utrecht, maandag 27 en dinsdag 28 mei 2024

Introductie - Programma - Instructies - Contact

Introductie

PhD Candidates who are engaged in legal research encounter many issues concerning methodology. Comparing is one of the essential ingredients – finding differences and similarities by comparing fact and law, within or outside one’s `own’ jurisdiction. Which scales (yardsticks in contemporary terminology) are to be used? Certainly the scales of justice - similar facts need to be weighed similarly on normative scales. But there is more. Comparative law is one of the domains in which this comparative methodology has grown into fruition, being an absolute necessity in comparing supranational, national, regional, local laws. It provides us with excellent highways into the realm of comparing, in which comparative tools are acting front stage. Many of the methodological issues may be found addressed in and around this domain of comparative law, like those following.

Which legal formants (Sacco 1992) need to be singled out for description and analysis? Which systems will be included? Which sources are to be consulted? What are the relationships between legislation, case law, scholarly literature and other possible institutions in the field of law?; what are the relations between civil law, commercial law, administrative law, procedural law?; between federal law and law of member-states? Methodology is not just appearing as a toolbox for the PhD research, it is also object of that samen research: what is the prevailing methodology in the jurisdiction or legal domain researched? May or should history – e.g. Roman law or the learned Ius Commune - be taken into account? May our contemporary frames of reference as human rights law, international law, European law or e.g. scholarly principles, case-books or other scholarly comparative projects be of methodological relevance? How? Also foundational topics as meaning and translation of legal terminology need to be taken into account; just as matters of practical relevance, like choice of language or travels abroad.

There are many rivers to cross - issues like those mentioned will be dealt with during this ius commune course for PhD candidates from the Ius Commune Research School, which will be organized by Utrecht University and the Molengraaff Institute for Private Law on May 27 and 28, 2024. The lecturers may provide you in advance with literature, which you then are kindly invited to read; participants are as well requested to prepare and present a short expose on their use of methodology in their research, particularly the aspect of comparing; peers and experts will discuss and provide provide reflection.

Programma

Monday, 27 May 2024
	PLENARY SESSION
10.30	Comparative law methodology Marieke Oderkerk
12.00	Lunch
12.45	PARELLEL SESSIONS – INCLUDING PARTICIPANT’S PRESENTATIONS AND EXPERT REFLECTIONS
	- Mixed jurisdictions Andrew Steven
	- German law and German traditions Bernhard Kreße
	- Nordic law traditions Christina Jeppesen-De Boer
	- Dutch law and Dutch traditions tba
15.00	Tea
	PLENARY SESSION
15.15	Comparative law and comparing in legal methodology Maurice Adams
	EVENING PROGRAMME
17.00	Images of Law and Justice – an Utrecht Walk with Michael Milo
19.00	Dinner
Tuesday, 28 May 2024
	PLENARY SESSION
10.00	Comparative law and language Jaap Baaij
12.00	Lunch
12.45	PARELLEL SESSIONS – INCLUDING PARTICIPANT’S PRESENTATIONS AND EXPERT-REFLECTIONS
	- French law and French traditions Diana Dankers-Hagenaars
	- Belgian law and traditions Johan Van de Voorde
	- Comparative research into European law tba
	- Comparative research into US law Bart Stapert
15.00	Tea
	PLENARY SESSION
15.15	Comparative law, legal traditions and the future of the past Emanuel van Dongen
16.15	Closing ceremony

Instructies

Participants shall one week in advance of the course submit their choice for the parallel sessions, as well as their concise paper concerning their choice of methodology relating to comparative aspects in their research (max. 1000 words).
Briefly address the topic of your thesis, the choice of legal issues – e.g. facts, cases, concepts, rules, principles, foundations, systems chosen (and why!) and – very important – the specific issues concerning comparative methodology you would like to see addressed.
Please send to secretariaatMIWPI@uu.nl to the attention of mrs. Michelle Maessen by May 15.

Contact

Mrs. Michelle Maessen
Molengraaff Instituut voor Privaatrecht
Achter Sint Pieter
3512 HT Utrecht
Tel.: + 31 (0)30 - 253 7150
E-mail: secretariaatMIWPI@uu.nl

Dr. J.M. Milo
Molengraaff Instituut voor Privaatrecht
Achter Sint Pieter
512 HT Utrecht
Tel.: + 31 (0)30 - 253 7173
E-mail: j.m.milo@uu.nl