about us      latest news      people      boards      law review      key texts   •   links      contact      home
Latest News

Montesquieu Law Review issue 5, March 2017: available to download!
The latest edition of the Montesquieu Law Review is now available as a free download from the law review page, together with all previous issues.

This issue contains a selection of articles on a variety of topics, including:

the French state of emergency and criminal law;
 patients at end of life;
the concept of “ship” under French law;
the delicate issue of revisionism and freedom of speech in a democratic, pluralistic society.

2017 will see the publication of several more editions, together with the addition of further materials and jurisprudential resources to the Key Materials page. Other exciting developments, including videos and podcasts on the latest developments in French law, are in the pipeline.

For further information, including further details on submitting your own paper for future publication, please contact Rachael Singh, lawyer linguist and editor-in-chief of the MLR:

mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45

 
 
Globalisation, Law and the State, by Jean-Bernard Auby, available for the first time in English
Globalisation, Law and the State begins – as is customary in globalisation literature – with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political and cultural dimensions to the phenomenon and uses these to analyse existing and emerging challenges to State-centric and territorial models of law and governance.

It surveys three areas that are typically associated with globalisation – financial markets, the internet, and public contracts – as well as trade more generally, the environment, human rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them.

While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), Globalisation, Law and the State provides a clear insight into how the sovereign space of States and their legal orders are diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by an analysis of the theory and practice of the globalisation of law, and a suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. This book is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.

Translated by Rachael Singh, lawyer linguist and editor-in-chief of the MLR, the book is “a seminal work on constitutional law and globalisation by one of France's leading jurists” and “an immensely valuable, innovative and concise study of globalisation and its effect on law and the state”.

Available now from all good book shops and online.


 http://www.bloomsburyprofessional.com/uk/globalisation-law-and-the-state-9781509903528/
 https://www.amazon.com/Globalisation-Law-State-Jean-Bernard-Auby/dp/1509903526
 
 
Portalis’ Preliminary Address on the First Draft of the Civil Code – a new translation now available to download
The Montesquieu Law Review is delighted to announce the publication of a brand new translation of Jean Etienne-Marie Portalis’ Preliminary Address on the First Draft of the Civil Code (1801).

Jean-Étienne-Marie Portalis (1 April 1746 – 25 August 1807) was a French jurist and politician of national renown at the time of the French Revolution and the First Empire. In 1765 he became a lawyer at the parlement of Aix-en-Provence, and soon obtained so great a reputation that he was instructed by Étienne François de Choiseul in 1770 to draw up the decree authorizing the marriage of Protestants. From 1778 to 1781, Portalis was one of the four assessors or administrators of Provence. In November 1793, after the First French Republic had been proclaimed, he came to Paris and was thrown into prison for being the brother-in-law of Joseph Jérôme Siméon, the leader of the Federalists in Provence. He was soon released to a maison de santé, where he remained until the fall of Maximilien Robespierre during the Thermidorian Reaction.

On being released he practised as a lawyer in Paris, and, in 1795, he was elected by the capital to the Council of Ancients of the French Directory, becoming a leader of the moderate party opposed to the directory rule. As a leader of the moderates, he was targeted by the coup d'état of 18 Fructidor, but, unlike General Charles Pichegru and François Barbé-Marbois, he managed to escape to Switzerland, then to Holstein, and did not return until after Napoleon Bonaparte established himself as the leader of the new Consulate.

The Preliminary Address given by Portalis during the First Republic in 1801 is a seminal piece of French jurisprudence. This is a new translation produced by the Forum Montesquieu for the Law Review, designed to demonstrate not only Portalis' power and persuasivness as an orator, but also the elegant rationale behind the Napoleonic Code.

The Preliminary Address is available as a free download from the Key Texts section of the Montesquieu Law Review website. Sign up to our newsletter for updates on new content and all the latest publications.

With a preface by Emeritus Professer Jean Hauser
Translated by Rachael Singh
 
 
Montesquieu Law Review issue 4, March 2016: available to download!
The latest edition of the Montesquieu Law Review - the first of 2016 - is now available as a free download from the law review page, where readers can also find all previous issues.

Like earlier editions, Issue 4 contains a selection of articles on a variety of topics, including the new EU Regulation on insolvency proceedings; counsel's right to criticise outside the courtroom; Zola's perspective on female labour; damage arising from anxiety, as enshrined by the Conseil d'Etat; and the issue of applied global legal pluralism.

Preparations for the fifth, sixth and seventh editions of the Montesquieu Law Review are already underway, including a special issue on freedom of expression slated for publication in December. Current calls for papers remain open for a limited time.

2016 also heralds the arrival of an enhanced range of legal materials and jurisprudential resources on the MLR website, which readers will find on the Key Materials page. Other exciting developments, including videos and podcasts on the latest developments in French law, are in the pipeline.


For further information, including details on submitting your own paper for future publication, please contact Rachael Singh, lawyer linguist and editor-in-chief of the MLR:

mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45

 
 
New calls for papers 2016
Following the successful compilation and publication of the first special edition in 2015, the Scientific Board has issued two calls for papers for upcoming issues of the Montesquieu Law Review, scheduled for publication over the course of 2016.

Academics in France and abroad are invited to submit proposals in two broad areas:

Call 1: Freedom of creation and expression
Connections between national sources (Constitution, Intellectual Property Code, Penal Code, Law of 29 July 1881 on press freedoms etc.) and international and European sources (Pact on Civil and Political Rights, Pacts on Economic, Social and Cultural rights, European Convention on Human Rights, Charter of Fundamental Rights of the European Union, EU legislation etc.) in the French legal system concerning freedom of creation and expression.

Is there a French concept of freedom of expression? Has this evolved under the influence of the ECHR? Freedom of assembly and freedom of association? Scientific freedom; academic freedoms.Is there a French conception of intellectual property (literary and artistic property, industrial property)? Has it evolved over recent years? Is it up to the challenges of the digital age?

Labour law and intellectual property.
The intellectual property of public entities.
Administrative authorities and freedoms of expression and creation.
Criminal law and freedoms of expression and creation.
Freedoms of expression and creation versus new technologies.
Freedoms of expression and creation and the principle of secularism.
Freedoms of expression and creation and state funding

Call 2: The foreigner under French law
Foreign law
Foreign law applied by the French courts (conflicts between national law and foreign law(s)).

Attitudes towards foreign law (borrowings from foreign law by the national legislature; exporting French legal culture abroad; teaching foreign law in French universities; consideration given to forteign law by the Conseil d’Etat (cf. conclusions of the rapporteur public) and the Court of Cassation (cf. notes on foreign law requested of the Society for Comparative Legislation in Paris)

The law applicable to foreigners
The law applied to foreign legal persons (the liability incurred by foreign parent companies for acts committed by French subsidiaries, taxation of foreign companies)
The law applied to foreign natural persons (immigration and asylum law, current events in Europe, etc.)
The rights of foreigners
Foreign nationals in France

French nationals abroad
Full calls (in French only) are available to download.
Call for Papers 1
Call for Papers 2

All enquiries to: Rachael Singh
mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45

 
 
Montesquieu Law Review issue 3, October 2015
The third edition of the Montesquieu Law Review is now available as a free download from this website. Downloads of all the individual articles and of the complete third edition of the Montesquieu Law Review are available (in English and in French) on the law review page of the website. Previous editions are archived and also available to download free as back-numbers from the same page - these will also be available as individual papers or whole publications.

This second general issue of 2015 contains a selection of articles on a wide variety of topics, including: the ongoing task of reforming the French law of obligations; body perception and France’s health laws; the ECHR’s decision on the French ban on the concealment of the face in public places; trade union law and the French armed forces; the latest developments in the repression and prevention of terrorism under French criminal law; and a new translation of Prof. Alain Supiot’s seminal article on the importance of labour law.

Preparations for the fourth and fifth editions of the Montesquieu Law Review are already underway, with publication scheduled for early 2016. Calls for papers for the special issues planned for 2016 will also be issued in the coming weeks.

For further information, including details on submitting your own paper for future publication, please contact Rachael Singh, lawyer linguist and editor-in-chief of the MLR:

mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45
 
Montesquieu Law Review issue 3, October 2015
 
Montesquieu Law Review Special issue, "Privacy", available to download

Following on from the successful launch of the inaugural general issue in January, the University of Bordeaux's Faculty of Law and Political Science and the Forum Montesquieu are delighted to announce the publication of the first Special Issue of the Montesquieu Law Review, "Privacy".

This, the second issue of the MLR, focuses exclusively on the many facets of private life and privacy, including: the right to be forgotten (the Google Spain decision); the French constitutional recognition of a right to privacy; transparency in public life and the right to respect for private life; private international law aspects of invasions of privacy via the internet; the war on terror and the protection of personal data.

The third issue of the Montesquieu Law Review is scheduled for September 2015. Preparation is also underway for the next Special Issue, devoted to freedom of expression.

Downloads of all the individual articles and of the complete special edition of the Montequieu Law Review in pdf format are available as free downloads on the law review page of this website. For reference, all future and special editions will be archived and available as backnumbers from the same page.

For further information, including details on submitting your own paper for future publication, please contact Rachael Singh, lawyer linguist and editor-in-chief of the MLR:

mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45

 

 
Montesquieu law Review Edition 2
 
Montesquieu Law Review issue no.1
The University of Bordeaux’s Faculty of Law and Political Science and the Forum Montesquieu are delighted to announce the launch of the Montequieu Law Review, an electronic journal showcasing the latest developments in French case law, doctrine and jurisprudence, published wholly in English.

Motivated by a desire to render French law in all its aspects more accessible to a wider, English-speaking audience without claiming to specialize in one specific area, the Forum Montesquieu’s new publication will strive to make a valuable and sustainable contribution to the existing international legal dialogue.

The inaugural general issue, published on 21 January 2015, covers a broad range of topics featuring: the end-of-life; the first genocide conviction in France; the “Dieudonné” case and freedom of expression; marriage and the prohibition on incest; and a discussion of Jean Rivero’s seminal Le Huron au Palais Royal.

Downloads of all the individual articles and of the complete first edition of the
Montequieu Law Review in pdf format are available as free downloads on the law review page of this website. For reference, all future and special editions will be archived and available as backnumbers from the same page.

For further information, including details on submitting your own paper for future publication, please contact Rachael Singh, lawyer linguist and editor-in-chief of the MLR:

mlr@u-bordeaux.fr
+33 (0)5 56 01 81 45

 top
 
Montesquieu law Review Edition 1
 
Associate Justice of the Supreme Court Stephen G. Breyer joins MLR Honorary Board
The Montesquieu Law Review is delighted to announce that Stephen G. Breyer, Associate Justice of the Supreme Court of the United States, has kindly accepted an invitation to join the Montesquieu Law Review's Honorary Board.

A noted judge and legal scholar, Justice Breyer has published widely on administrative law, democacy (Judges in Contemporary Democracy - An International Conversation (2000) with Robert Badinter; Making Democracy Work (2010)), the US Constitution (Active liberty: interpreting our democratic Constitution (2005)) and, more recently, on the internationalisation of law (Regards croisés sur l'internationalisation du droit : France-Etats-Unis (2009) with Professor Mireille Delmas Marty).

Justice Breyer was nominated to the Supreme Court by Bill Clinton in 1994. Amongst his many accolades, he was awarded the Légion d'Honneur in 2012.

 top
 
Associate Justice of the Supreme Court Stephen G. Breyer
 
The MLR issues its first call for papers
The Scientific Board of the Montesquieu Law Review has issued an initial call for papers for its first special issue on the theme of privacy.

Academics in France are invited to submit proposals for papers on a number of aspects of the French law on privacy, the details of which can be found in the call for papers (available in French only).

Areas of specific interest to the Scientific Board include, amongst others:

The right to be forgotten on the internet; the boundaries between public and private life; the digital society: CNIL (
Commission nationale de l'informatique et des libertés) reports, French Senate debates and draft European regulations; the availability of privacy; specific sanctions in regard to the invasion of privacy; the interplay between sources of French national law, European and international law; new technologies and the right to respect for private life

Call for Papers

 top
 
Jean-Bernard Auby and Mireille Delmas-Marty to chair Scientific Committee
We are pleased to announce that Professor Jean-Bernard Auby and Professor Mireille Delmas-Marty have agreed to chair the Scientific Committee of the Monetesquieu Law Review.

The Scientific Committee decides upon and approves content for the new online and downloadable publcation. Members of the various Submissions Panels are listed on the Scientific and Submission Panels Boards pages, along with a selective brief biography and notes on their particular legal specialisms.

For further information on the Law Review committees and their composition, visit the Committees page.

 top
 
Professor Jean-Bernard Auby Dr Mireille Delmas-Marty
   

 
All rights reserved © Montesquieu Law Review 2014-2015