The Transnationalization of Law - Perspectives and Developments


13-14 November 2015

Forschungskolleg Humanwissenschaften
am Wingertsberg 4
61348 Bad Homburg

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Programme (pdf): click here...

The Transnationalization of Law has become a topos: Based upon the removal of boundaries in law, politics, the economy and communication, transnational legal norms nowadays represent integral components of legal scholarship and legal practice. Transnational law changes the structuring effects of both law-making and the application of law, thereby affecting – on a global scale – research and teaching at law schools.

Guided by the fact of legal pluralism the research network RECHT IM KONTEXT at the Institute for Advanced Study in Berlin, the Humboldt-Universität zu Berlin, the Goethe University Frankfurt, the Cluster of Excellence “The Formation of Normative Orders” at Frankfurt University, the Forschungs-kolleg Humanwissenschaften in Bad Homburg, as well as the Max Planck Institutes for European Legal History in Frankfurt and for Comparative Public Law and International Law in Heidelberg have joined forces in order to map – as part of a discussion group – both the challenges and the potential of transnational legal developments for universities, legal research institutions and law schools.

This mapping is aimed at answering, inter alia, the following question: How can legal research institutions participate strategically in the future adoption of these transnational developments in law? As part of this, experience from the various legal cultures shall be gathered with regard to how universities, faculties and research institutions react to the new demands of transnational legal forms and norms – in particular when it comes to designing university curricula.

In addition to reconstructing the transnationalization of law from the perspectives of legal theory, the history of (legal) science and empiricism, the discussion group can function as a source of inspiration and contribute to making transnational legal developments accessible not only to research in the context of the foundational subjects of law but to the core disciplines of (German) legal scholarship in research and teaching as well.


Friday, November 13, 2015

11:00 – 13:00 Whose Transnationalization? – Mapping Global Legal Developments
Shalini Randeria (Wien)
Gunther Teubner (Frankfurt am Main)
Peer Zumbansen (London)

 Chair: Gerhard Wagner (Berlin)

13:00 – 14:30 Lunch

14:30 – 16:00 Variations of Transnationalization I
Takeshi Fujitani (Tokyo)
Flavia Portella Püschel (São Paulo)

Chair: Moritz Hartmann (Berlin)

16:00 – 16:30 Coffee Break

16:30 – 18:00    Variations of Transnationalization II
Helge Dedek (Montréal)
Mathias W. Reimann (Ann Arbor)

Chair: Alexandra Kemmerer (Heidelberg)

19:00 – 22:00 Dinner

Saturday, November 14, 2015

09:00 – 11:00 Transnational Legal Scholarship – Challenges (and Potentials) for Law Schools
This panel shares multiple experiences with regard to how universities and law schools reflect the new demands of transnational legal forms and norms – in particular when it comes to designing university curricula.

Introduction: Klaus Günther (Frankfurt am Main)
Chair: Christoph Möllers (Berlin)

11:00 – 11:30 Coffee Break

11:30 – 13:00 Transnational Legal Scholarship – Challenges (and Potentials) for Research Institutions
This last panel aims at collectively answering the question how legal research institutions can strategically integrate transnational legal developments into their well-established research curricula.
Introduction: Thomas Duve (Frankfurt am Main)
Chair: Matthias Lutz-Bachmann (Frankfurt am Main)

13:00 – 14:30 Lunch


Helge Dedek (Montréal)
Associate Professor of Law and Director of McGill University’s Institute of Comparative Law. Helge Dedek has been an invited Fellow at the Käte Hamburger Institute of Advanced Studies at the University of Bonn and at the Max-Planck-Institute for Comparative and International Private Law in Hamburg. He is an elected Associate Member of the International Academy of Comparative Law and a Fellow of the European Law Institute. His research focuses on the areas of (comparative) legal history, legal theory, private law, comparative law, and Roman law. Currently, he pursues a research project on the intellectual history of the concept of individual rights.

Thomas Duve (Frankfurt am Main)
Managing Director of the Max-Planck Institute for European Legal History and Professor for Comparative Legal History at the Faculty of Law of the Goethe University Frankfurt am Main. From 2005-2009 Thomas Duve was Professor of Legal History with a so-called dedicación especial en investigación at the Faculty of Law and Professor of Canon Law History at the Faculty of Canon Law of the Pontificia Universidad Católica Argentina (UCA) as well as a member of the board of directors of the Instituto de Investigaciones de Historia del Derecho, Buenos Aires. His research interests focus on the legal history of the early Modern Age and the Modern Era. One particular research interest is the legal history of Hispanic America and the history of science in the 20th Century.

Takeshi Fujitani (Tokyo)
Associate Professor at the University of Tokyo’s Institute for Social Science.

Klaus Günther (Frankfurt am Main)
Professor of Legal Theory, Criminal Law and Criminal Procedure and Co-speaker of the Cluster of Excellence „The Formation of Normative Orders“ at the Goethe University Frankfurt am Main. A former Fellow of the Wissenschaftskolleg zu Berlin and the Corpus Christi College Oxford, he was also a Visiting Professor at the London School of Economics and is Member of the Collaborative Research Council of the Institute of Social Research in Frankfurt am Main. His research focuses on philosophy of law (systematically and historically), discourse theory of law, theory of legal argumentation, theories of responsibility, legal theory of globalization, sociology of law, and law and literature (law as literature).

Moritz Hartmann (Berlin)
Academic Coordinator of Recht im Kontext at the Wissenschaftskolleg zur Berlin and Postdoctoral Fellow at the Freie Universität Berlin. A graduate from the European University Institute in Florence, he was a fellow of the Max Planck Institute for Comparative Public Law and International Law’s Otto Hahn Group and at the Freie Universität’s Law Department. His reseach focuses on the law and politics of European integration, public law, environmental law and climate change law.

Alexandra Kemmerer (Heidelberg)
Senior Research Fellow and Research Coordinator at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She has been a research fellow at the Simon Dubnow Institute for Jewish History and Culture at the University of Leipzig, a visiting scholar at the European University Institute and visits regularly at the University of Michigan Law School. Her research interests include international law, European public law, constitutional theory, comparative constitutional law, and media theory. Currently, she focuses on the history of European and International Law as a history of ideas.

Matthias Lutz-Bachmann (Frankfurt am Main)
Professor of Philosophy at the Faculty of Philosophy of Frankfurt am Main’s Goethe University, Adjunct Professor of Philosophy at the Department of Philosophy of Saint Louis University, and Director of the Forschungskolleg Humanwissenschaften in Bad Homburg. A former Vice-President of the Goethe University, Matthias Lutz-Bachmann specializes in the fields of medieval philosophy, political philosophy, the philosophy of religion, the oeuvre of Immanuel Kant, and critical theory.

Christoph Möllers (Berlin)
Professor of Public Law and Jurisprudence at the Humboldt University’s Faculty of Law and Co-Director of Recht im Kontext at the Wissenschaftskolleg zu Berlin. A former Fellow at NYU School of Law, Christoph Möllers is a member of the Berlin-Brandenburg Academy of Sciences and a Permanent Fellow at the Wissenschaftskolleg zu Berlin. Since 2011, he has acted as a judge at the Superior Administrative Court in Berlin since 2011. His main interests include German, European and comparative constitu¬tional law, regulated industries, democratic theory in public law, and the theory of normativity.

Flavia Portella Püschel (São Paulo)
Professor at the São Paulo Law School of Fundação Getúlio Vargas and Researcher of the Brazilian Center for Analysis and Planning — CEBRAP —, on Law and Democracy. Flavia Portella Püschel is a Member of the Executive Council of Revista Direito GV. She has worked on the following topics: theory of liability, civil liability, private law, and public policy as well as legal education. She has conducted postdoctoral research as a visiting scholar and fellow at the Cluster of Excellence „The Formation of Normative Orders“ at the Goethe University Frankfurt am Main in 2011.

Shalini Randeria (Wien)
Rector of the Institute for Human Sciences (IWM) in Vienna and Research Director and Professor of Social Anthropology and Sociology at the Graduate Institute of International and Development Studies (IHEID) in Geneva. Furthermore, she is a Visiting Professor at the Social Science Research Centre Berlin (WZB) and the Freie Universität Berlin. She has been a Member of the Senate of the German Research Council (DFG), President of the European Association of Social Anthropologists (EASA) and a Fellow at the Wissenschaftskolleg zu Berlin. She has published widely on the anthropology of globalization, law, the state and social movements. Her empirical research on India addresses issues of post-coloniality and multiple modernities.

Mathias W. Reimann (Ann Arbor)
Hessel E. Yntema Professor of Law at the University of Michigan Law School in Ann Arbor. He has held visiting appointments in many countries around the world, including France, Italy, Japan, Israel, Germany, and Austria. He publishes widely both in the United States and abroad in the areas of comparative law, private international law, and legal history.

Gunther Teubner (Frankfurt am Main)
Professor emeritus of Private Law and Legal Sociology at the Faculty of Law of the Goethe University Frankfurt am Main. Gunther Teubner has held professorships at the University of Bremen, the European University Institute in Florence, the London School of Economics and the International University College in Torino. He acted as a Principal Investigator at the Cluster of Excellence „The Formation of Normative Orders“ at the Goethe University and received honorary doctorates from the Universities of Lucerne, Napoli, Tiflis, Macerata and Lund. His research focuses on the social theory of law, private law theory, contract law, and comparative law.

Gerhard Wagner (Berlin)
Professor of Private Law, Commercial Law and Law and Economics at the Humboldt University’s Faculty of Law in Berlin and Co-Director of Recht im Kontext at the Wissenschaftskolleg zu Berlin. From 1999-2012 Gerhard Wagner was a professor of German and European civil and procedural law, international private law and comparative law at the University of Bonn. Since 2009 he is the holder of the Erasmus Chair of Fundamentals of Private Law at Erasmus University Rotterdam. During the academic year 2010-2011 he was a Visiting Professor of Law at the University of Chicago Law School. He has published widely both in German and English, covering topics such as the harmonization of European legal systems, products liability, medical malpractice, securities litigation, antitrust damages, and liability for breach of contract.

Peer Zumbansen (London)
Inaugural Professor of Transnational Law and founding director of the Dickson Poon Transnational Law Institute at King’s College London. At Osgoode Hall Law School at York University in Toronto, he held a prestigious Canada Research Chair for a decade – first in the Comparative and Transnational Law of Corporate Governance and, since 2009, in Transnational Economic Governance and Legal Theory. He was, from 2000-2013, the founding co-editor in chief of the German Law Journal and has been, since 2012, the editor in chief of Transnational Legal Theory. His research and teaching focuses on comparative corporate and business law, private law theory, European, comparative and transnational law, and legal theory.

Presented by:
Forschungskolleg Humanwissenschaften, Bad Homburg
Cluster of Excellence „The Formation of Normative Orders“
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Max Planck Institute for European Legal History, Frankfurt am Main
Recht im Kontext / Wissenschaftskolleg zu Berlin


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