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	<title>Edinburgh Legal History Blog</title>
<link>http://www.law.ed.ac.uk/ecclblog/</link>
<description></description>
<language>en-uk</language><item><title>Workshop on the Scottish Sedition Trials: Stirling, Thursday, 14 June 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8921</link>
<description>Our colleagues at Stirling are working towards an online edition of the Scottish sedition and treason trials of the 1790s - inspired by John Barrell and Jon Mee&amp;#39;s Pickering and Chatto set of English trials, 1792-4. These trials are of great interest, and often mentioned, particularly by historians of the left, but are deserving of much further study. This project therefore looks set to be of great importance. The preliminary day is planned as follows:</description>
<pubDate>Thu, 02 May 2012 17:04:53 +0100</pubDate>
</item>
<item><title>The Late Professor Emeritus John Adams (1939-2012)</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8919</link>
<description>This blogger was saddened to hear of the recent death of Professor John Adams at what is in the modern world a relatively young age. He was best known as an intellectual property lawyer, but, like most thoughtful private lawyers, he was also interested in legal history. In 1982 he published the extraordinary Bibliography of eighteenth century legal literature, a massive contribution of great value in those days before all the electronic resources that there are now readily accessible from one&amp;#39;s computer. In 1992 came the Bibliography of nineteenth century legal literature. He was also a fun person. Our condolences go to his partner, David, who has suffered such a great loss. A much fuller appreciation will be given by our colleague Hector MacQueen on the website of the Intellectual Property Institute.</description>
<pubDate>Thu, 02 May 2012 16:46:21 +0100</pubDate>
</item>
<item><title>New Perspectives on locatio conductio in Roman Law 6-8 June 2012, Edinburgh: Online Booking Now Open</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8908</link>
<description>In the nearly 100 years since the publication of Emilio Costa&amp;rsquo;s La locazione di cose nel diritto romano  (1915), the first monograph of the twentieth-century on letting and  hiring in Roman law, modern understanding of this contract has changed  significantly. The reasons for this are mainly twofold. First, scholars  of Roman law, while still largely engaged in purely dogmatic  investigations of the origins and development of legal rules and of the  contributions of individual Roman jurists to this process, are slowly  becoming more aware of the contexts in which these rules operated and  their relation to Roman society such as, for example, in the work of  Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) and Dennis Kehoe (Investment, Profit and Tenancy: The Jurists and the Roman Agrarian Economy (1998)), to name but a few. In second place, the publication in 1999 of Roberto Fiori&amp;rsquo;s La definizione della &amp;lsquo;locatio conductio&amp;rsquo; (1999)  comprehensively transformed modern understanding of the conceptual  structure of this contract and finally laid to rest the much debated  issue of the &amp;#39;trichotomy&amp;#39;. The aim of this conference is to bring  together scholars with an interest in locatio conductio in Roman law  (whether in Roman private or public law) to explore new insights  (dogmatic, social, economic) into the origin and growth of this  contract.</description>
<pubDate>Thu, 11 Apr 2012 16:30:57 +0100</pubDate>
</item>
<item><title>Gustavus Schmidt: Talk by Kjell Å Modéer, Loyola University New Orleans College of Law, 12 April, 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8902</link>
<description>Gustavus Schmidt (1795-1877) was an important lawyer in New Orleans who had emigrated from Sweden, where his brother, Carl Christian, rose to become a judge. The two brothers corresponded until the death of Carl Christian in 1872. Schmidt published the Lousiana Law Review in 1841 and lectured in law in the mid 1840s. In 1851, he published the Civil Law of Spain and Mexico organised in the structure of a modern code, a work recently reprinted by William S. Hein. Schmidt was a noted book collector, and the sale catalogue of his significant library was recently printed in the Tarlton Law Library Legal History Series, as number 6, with valuable introductory and other material by Michael Hoeflich, Kjell &amp;Aring; Mod&amp;eacute;er, and Louis V. de la Vergne. Schmidt was buried in the St Louis Cemetary no. 2 in New Olreans, where his tomb has been recently restored.</description>
<pubDate>Tue, 02 Apr 2012 17:17:23 +0100</pubDate>
</item>
<item><title>Call for Papers: Law and Disputing in the Middle Ages</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8901</link>
<description>Law and Disputing in the Middle Ages</description>
<pubDate>Sat, 30 Mar 2012 11:50:16 +0100</pubDate>
</item>
<item><title>Judah Benjamin and the Assets of the Confederacy.</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8897</link>
<description>Readers of this Blog will be well aware of its interest in the legal history of Louisiana, and within it in the fascinating figure of Judah Benjamin, who, as well as being a Louisiana lawyer became first Attorney General, then Secretary of War, and then Secretary of State of the Confederacy, before fleeing to England with the collapse of the Confederacy, where he was called to the bar and had a second career as a lawyer, becoming a QC and writing a still standard work on sales.The Blog therefore urges all who can to attend the paper of Catharine MacMillan who will address the next meeting of the London Legal History Seminar, which will be held on Friday 23 March, at 6 pm at the Institute of Advanced Legal Studies in Russell Square will, on &amp;#39;The Confederate&amp;#39;s Last Battle: Judah Benjamin&amp;#39;s legal defence of confederate assets in England&amp;#39;.For those who do not know Ms MacMillan is a talented speaker and her novel work on Benjamin is of great importance. Alas, your blogger is unable to attend.</description>
<pubDate>Wed, 20 Mar 2012 17:12:19 +0100</pubDate>
</item>
<item><title>Second Call for Papers</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8894</link>
<description>CALL FOR PAPERS</description>
<pubDate>Wed, 20 Mar 2012 09:30:31 +0100</pubDate>
</item>
<item><title>Opportunities for Doctoral Research in Frankfurt</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8886</link>
<description> </description>
<pubDate>Tue, 12 Mar 2012 18:33:05 +0100</pubDate>
</item>
<item><title>Louisiana: 200 Years of Federal District Courts</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8878</link>
<description>Louisiana became a State of the Union in 1812, so this year is the bicentenary not only of this event, but of the establishment of the Federal Courts in Louisiana. For a copy of the Constitution, see http://www.louisianadigitallibrary.org/u?/lapur,15852.</description>
<pubDate>Tue, 05 Mar 2012 17:40:40 +0100</pubDate>
</item>
<item><title>Recent vacancies</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8876</link>
<description>Three recent vacancies in the field of legal history/Roman law have attracted the attention of this blogger:</description>
<pubDate>Sat, 02 Mar 2012 08:58:57 +0100</pubDate>
</item>
<item><title>Humanism</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8873</link>
<description>Following the earlier succesful conferences organised by the Centre for Legal History and Edinburgh Roman Law Group on, first,  Beyond Dogmatics, and, second, Casus to Regula, both of which have resulted in successful publications, we propose to hold another in Edinburgh next Calendar Year on the theme of Humanism and Law. The style will be the same as the earlier conferences, with invited speakers addressing the problem posed.</description>
<pubDate>Wed, 28 Feb 2012 15:33:21 +0100</pubDate>
</item>
<item><title>In Memory of Alan Rodger: A Conference on Legal History and Roman Law, 7-8 September 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8869</link>
<description>The Blog is delighted to note that our colleague at Glasgow, Ernie Metzger, amd David Johnston, QC, an Honorary Professor in Edinburgh, are organising a conference in memory of the late Lord Rodger at Glasgow this September. It promses to be an imortant event to commemorate this great man. Readers of the Blog are encouraged to think of attending. The Legal History at Glasgow website states:</description>
<pubDate>Thu, 22 Feb 2012 11:40:48 +0100</pubDate>
</item>
<item><title>Volterra Lecture, 29 February 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8859</link>
<description>The Projet Volterra, University College London and the Institute of Historical Research Earlier Middle Ages Seminarpresent:THE VOLTERRA LECTUREWednesday, 29 February 2012, 5.30pmPROFESSOR CHARLES RADDING(Michigan State University)&amp;lsquo;The recovery and use of Justinian&amp;rsquo;s Code in eleventh-century Italy&amp;rsquo;Chancellor&amp;rsquo;s Hall,First Floor, South Block,Senate House,Malet StreetLondon, WC1E 7HUFollowed by a reception.**ALL WELCOME**</description>
<pubDate>Thu, 01 Feb 2012 20:34:49 +0100</pubDate>
</item>
<item><title>'Receiving Laws/Giving Laws': 31st Annual Conference of the Australia New Zealand Law and History Society, December 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8858</link>
<description>The 31st Annual Conference of the Australia New Zealand Law and History Society, December 2012</description>
<pubDate>Thu, 01 Feb 2012 20:08:50 +0100</pubDate>
</item>
<item><title>In Memory of Alan Rodger: Conference on Roman Law and Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8857</link>
<description>Friends and  colleagues of Alan Rodger will meet in his memory at the  University of Glasgow, on 7-8 September 2012, for a conference on legal  history and Roman law.  Alan Rodger, Lord Rodger of Earlsferry, wrote on legal history and Roman  law for more than forty years. He was a student of David Daube at the  University of Oxford, and remained an active and engaged scholar even as  he pursued a career as an advocate and in government, eventually  serving as a Justice of the Supreme Court of the United Kingdom.  There will be presentations on the Friday afternoon and Saturday  morning, as well as a reception and dinner on the Friday evening.  The  conference is being organised by Ernest Metzger, Douglas Professor of  Civil Law in the University of Glasgow, and David Johnston QC, Axiom  Advocates, Edinburgh.  The organisers will keep you informed of arrangements: please send a note to rodgermemorial@iuscivile.com  if you are considering attending. In due course those who wish to  attend the conference, with or without the reception and dinner, will be  able to register from the conference site (see below).  The speakers will include:  Tiziana J. Chiusi (Professor of Civil Law, Roman Law and Comparative  Law, University of Saarland); Michael Crawford FBA (Emeritus Professor,  History, University College London); Robin Evans-Jones (Professor of  Jurisprudence, University of Aberdeen); Joshua S. Getzler (Professor of  Law and Legal History, University of Oxford); Kenneth Reid CBE, FBA,  FRSE (Professor of Scots Law, University of Edinburgh); John Richardson  FRSE (Emeritus Professor of Classics, University of Edinburgh);  Boudewijn Sirks (Regius Professor of Civil Law, University of Oxford).</description>
<pubDate>Thu, 01 Feb 2012 10:48:53 +0100</pubDate>
</item>
<item><title>Call for Papers:  New Perspectives on locatio conductio in Roman law, 6-8 June 2012, Edinburgh Centre for Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8855</link>
<description>CALL FOR PAPERS New Perspectives on locatio conductio in Roman law 6 &amp;ndash; 8 June 2012, Edinburgh   In the nearly 100 years since the publication of Emilio Costa&amp;rsquo;s La locazione di cose nel diritto romano  (1915), the first monograph of the twentieth-century on letting and  hiring in Roman law, modern understanding of this contract has changed  significantly. The reasons for this are mainly twofold. First, scholars  of Roman law, while still largely engaged in purely dogmatic  investigations of the origins and development of legal rules and of the  contributions of individual Roman jurists to this process, are slowly  becoming more aware of the contexts in which these rules operated and  their relation to Roman society such as, for example, in the work of  Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) and Dennis Kehoe (Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy (1998)), to name but a few. In second place, the publication in 1999 of Roberto Fiori&amp;rsquo;s La definizione della &amp;lsquo;locatio conductio&amp;rsquo; (1999)  comprehensively transformed modern understanding of the conceptual  structure of this contract and finally laid to rest the much debated  issue of the &amp;#39;trichotomy&amp;#39;. The aim of this conference is to bring  together scholars with an interest in locatio conductio in Roman law  (whether in Roman private or public law) to explore new insights  (dogmatic, social, economic) into the origin and growth of this  contract.   Deadline for submission of proposals: Friday 30 March 2012  For more information or to submit an abstract, please email Dr. Paul J. du Plessis  ***  Neue Sichtweisen auf die locatio conductio im r&amp;ouml;mischen Recht   6. &amp;ndash; 8. Juni 2012, Edinburgh    Seit Emilio Costa vor rund hundert Jahren mit La locazione di cose nel diritto romano  (1915) die erste Monographie des 20. Jahrhunderts &amp;uuml;ber die locatio  conductio im r&amp;ouml;mischen Recht ver&amp;ouml;ffentlichte, hat das moderne  Verst&amp;auml;ndnis dieses Vertragstyps grundlegende &amp;Auml;nderungen erfahren. Zwei  Gr&amp;uuml;nde haben diese Entwicklung ma&amp;szlig;geblich beeinflusst: Obgleich sich die  r&amp;ouml;mischrechtliche Wissenschaft nach wie vor haupts&amp;auml;chlich mit der rein  dogmatischen Untersuchung von Urspr&amp;uuml;ngen und Entwicklungen r&amp;ouml;mischer  Rechtsregeln und den Beitr&amp;auml;gen einzelner r&amp;ouml;mischer Juristen hierzu  befasst, wird sie sich mehr und mehr des Wirkkontexts dieser Regeln und  ihres Verh&amp;auml;ltnisses zum r&amp;ouml;mischen Gesellschaftsleben bewusst; die  Schriften von Bruce Frier (Landlords and Tenants in Imperial Rome (1980)) und Dennis Kehoe (Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy (1998)) seien beispielhaft genannt. Zum anderen hat die Ver&amp;ouml;ffentlichung von Roberto Fioris La definizione della &amp;lsquo;locatio conductio&amp;rsquo;  im Jahr 1999 das moderne Verst&amp;auml;ndnis des Strukturkonzepts der locatio  conductio umfassend ge&amp;auml;ndert und letztlich das vieldiskutierte Bild  ihrer &amp;#39;Trichotomie&amp;#39; zu Grabe getragen.  Die Konferenz m&amp;ouml;chte Wissenschaftler mit einem Interesse an der locatio  conductio im r&amp;ouml;mischen Privatrecht wie auch &amp;Ouml;ffentlichen Recht  zusammenf&amp;uuml;hren, und dabei neue dogmatische, soziale und &amp;ouml;konomische  Sichtweisen auf Ursprung und Entwicklung dieses Vertragstyps  untersuchen.  Vorschl&amp;auml;ge f&amp;uuml;r Beitr&amp;auml;ge sind, mit kurzem Expos&amp;eacute;, bis Freitag, 30. M&amp;auml;rz 2012, erbeten.  F&amp;uuml;r weitere Informationen sowie die Einreichung der Beitr&amp;auml;ge steht Dr. Paul J. du Plessis zur Verf&amp;uuml;gung.  ***   Nuove prospettive in ordine alla locatio conductio in diritto Romano   Edimburgo, 6 &amp;ndash; 8 Giugno 2012     A quasi cent&amp;rsquo;anni dalla pubblicazione della prima monografia del  diciannovesimo secolo sul tema della locazione in diritto romano &amp;ldquo;La locazione di cose nel diritto romano&amp;rdquo; (1915) di Emilio Costa, la moderna concezione di questa tipologia di contratto &amp;egrave; considerevolmente cambiata.  Le ragioni di questo fenomeno possono essere fondamentalmente ricondotte  a due fattori: in primo luogo, i giusromanisti, ancorch&amp;eacute; in molti casi  ancora impegnati in ricerche di pura dogmatica su origini e sviluppi  delle regole di diritto ed in ordine al contributo dei singoli giuristi  in questo processo, pian piano si stanno interessando al contesto in cui  queste norme operavano e vanno acquisendo consapevolezza circa la loro  relazione con la societ&amp;agrave; romana.   Sono espressivi di questo diverso approccio opere come &amp;ldquo;Landlords and Tenants in Imperial Rome&amp;rdquo; (1980) di Bruce Frier e &amp;ldquo;Investment, Profit and Tenancy: the Jurists and the Roman Agrarian Economy&amp;rdquo; (1998) di Dennis Kehoe, giusto per menzionarne un paio. Successivamente, la pubblicazione nel 1999 da parte di Roberto Fiori del suo &amp;ldquo;La definizione della &amp;lsquo;locatio conductio&amp;rsquo;&amp;rdquo;  ha consentito che la moderna concezione della struttura concettuale di  questo contratto mutasse definitivamente, conducendola al controverso  tema della &amp;ldquo;tricotomia&amp;rdquo;.  Questa conferenza ha lo scopo di riunire gli studiosi che si interessino  al tema della locatio conductio nel diritto romano &amp;ndash; tanto privato,  quanto pubblico &amp;ndash; per indagare nuove prospettive &amp;ndash; dogmatiche, sociali,  economiche &amp;ndash; sull&amp;rsquo;origine e lo sviluppo di questo contratto.  Il termine di presentazione delle proposte scade venerd&amp;igrave; 30 marzo 2012.  Per maggiori informazioni o per inviare contributi od abstract, si prega di contattare il Dr. Paul J. du Plessis.  /centreforlegalhistory/</description>
<pubDate>Fri, 26 Jan 2012 10:10:00 +0100</pubDate>
</item>
<item><title>Legal History Book Prizes: John Philip Reid Book Award and the Cromwell Book Prize</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8854</link>
<description>John Phillip Reid Book Award </description>
<pubDate>Tue, 23 Jan 2012 15:00:00 +0100</pubDate>
</item>
<item><title>Legal History Ph.D.: opportunities in Exeter</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8850</link>
<description>Our colleagues, at Exeter, Anthony Musson and Chantal Stebbings, inform us that Exeter is prioritising legal history for the award of internal Ph.D. Scholarships this year. This is an excellent opportunity for those wishing to pursue doctoral studies in the field to gain funding and have the benefit of supervision from an excellent team of distinguished scholars. Exeter has hosted the British Legal History Conference twice, and is an agreeable city in a part of Britain with an agreeable climate, with many strong associations for English legal historians. In 2009, as this Blog reported (http://www.law.ed.ac.uk/elhblog/blogentry.aspx?blogentryref=8244), the University instituted the Bracton Centre for Legal History, demonstrating a commitment to the discipline see http://socialsciences.exeter.ac.uk/law/research/clhr/</description>
<pubDate>Fri, 12 Jan 2012 18:55:23 +0100</pubDate>
</item>
<item><title>Memorial Service Oxford, 11 February: Alan Rodger</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8849</link>
<description>After the moving memorial service in Edinburgh at St Giles for the Lord Rodger of Earlsferry (see http://www.law.ed.ac.uk/sln/blogentry.aspx?blogentryref=8798), readers of this Blog may be interested to know that another one will be held in the University Church in Oxford on 11 February at 2p.m. The card is copied in below:</description>
<pubDate>Fri, 12 Jan 2012 14:00:37 +0100</pubDate>
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<item><title>George Dargo: Prominent Historian of Louisiana Law dies</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8847</link>
<description>I first met George Dargo only in November 2008. It was in New Orleans at a conference at Tulane organised by Vernon Palmer to mark the Bicentenary of the enactment of the Digest of the Civil Laws now in Force in the Territory of Orleans. In a sense, however, I had known Professor Dargo since I was a graduate student. This was because, a couple of years before I started work on my PhD in Edinburgh, he had published a major monograph, Jefferson&amp;rsquo;s Louisiana: Politics and the Clash of Legal Traditions (Cambridge Ma, 1975), based on his own Columbia PhD thesis. It is undoubtedly one of the most important studies ever of the Louisiana Purchase and its impact on the politics and legal culture of Louisiana. It was a major influence on my own work.</description>
<pubDate>Tue, 09 Jan 2012 17:00:00 +0100</pubDate>
</item>
<item><title>Legal History Fellowship: Harvard</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8842</link>
<description>For young legal historians a period to turn their doctoral or other work into a book or other publications can be invaluable. It is therefore important to bring to the attention of readers of this Blog the advertisement for the Raoul Berger-Mark DeWolfe Howe Legal History Fellowship at Harvard.</description>
<pubDate>Thu, 04 Jan 2012 12:28:12 +0100</pubDate>
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<item><title>Interesting Gifts</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8839</link>
<description>At the beginning of a New Year it is worth reflecting on one of the more curious events in Edinburgh in the past year, and bringing it to the attention of the wider legal historical community, particularly since law is a discipline of words. Edinburgh is a Unesco City of Literature. Conan Doyle was brought up and educated here; Sherlock Holmes is obviously in part inspired by one of his teachers at the Medical School. Walter Scott studied arts and law at the University, and gave great praise to his teacher Baron David Hume. Robert Louis Stevenson also studied law in the University and once even considered seeking one of the chairs in law. Among contemporary writers one need only mention Ian Rankin, Sandy McCall Smith, once a professor in the Law School, and J. K. Rowling, who studied in the now Faculty of Education, and has become a great University Benefactor.</description>
<pubDate>Mon, 01 Jan 2012 15:31:43 +0100</pubDate>
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<item><title>Vacancy - legal history/policy</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8837</link>
<description>Source: Legal history blog</description>
<pubDate>Fri, 22 Dec 2011 09:29:28 +0100</pubDate>
</item>
<item><title>Sir John Baker: Neill Lecture Oxford</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8831</link>
<description>See http://www.law.ox.ac.uk/event=11413</description>
<pubDate>Sat, 16 Dec 2011 15:35:07 +0100</pubDate>
</item>
<item><title>66th session of the SIHDA conference (Oxford 2012)</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8830</link>
<description>Source: mailing list of the European Society for Comparative Legal History </description>
<pubDate>Sat, 16 Dec 2011 11:40:50 +0100</pubDate>
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<item><title>Peter B.H. Birks: A Recent Assessment</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8813</link>
<description>The recent death of Lord Rodger has caused your blogger to reflect quite a lot on the late Peter Birks, since he and Alan Rodger had been so close and both died so much before their time. It was therefore fascinating, while browsing in the Edinburgh Law Library&amp;#39;s current periodicals section, to come across in the Restitution Law Review (2011) the paper by Professor Gerard McMeel of Bristol reflecting on the intellectual legacy of Peter Birks and considering what type of scholar he had been.I was initially surprised to see this; it sometimes feels very much as if Peter is still with us. But it is seven years since his death and he now even has an entry in the ODNB by Willam Swadling (which I did not realise until reading Professor McMeel&amp;#39;s article). Perhaps our consciouness of his continuing presence is just a reflection of the power of his charisma and personality and the continuing relevance of his work. Professor McMeel has certainly made a good case for the assessment of Peter&amp;#39;s intellectual legacy, if only because it is already being fought over. As McMeel rightly says, Peter &amp;quot;was the dominant private lawyer of recent time&amp;quot;.Classification or taxonomy was an abiding interest of Peter&amp;#39;s; so one can imagine his amusement as his successors try to classify him. He would also have applied his formidable intellect to correcting them where he thought them wrong. Though a kind man, he could be quite impatient with wilful stupidity or intellectual idleness. According to McMeel, by both friend and foe, he has been variously labelled as a taxonomist, a positivist, a formalist, a correctivist, an interpretivist, and a pragmatist. No doubt, like us all, he was not always consistent in his approach. But what is fascinating is that so many writers are in a way creating their own Birks and arguing over the intellectual legacy: whether one they wish to agree with or one they wish to reject.Peter&amp;#39;s death is still recent; the loss is still raw and felt. Grief may still seek ownership and possession of the memory.I first got to know Peter well when I returned to Edinburgh from teaching at the Queen&amp;#39;s University, Belfast. He then held Edinburgh&amp;#39;s chair of Civil Law. Of my senior colleagues at Edinburgh, he was the only one who offered me anything significant in the way of mentoring of the type I had already experienced at Queen&amp;#39;s from, among others, my excellent Head of Department there, Colin Campbell. Though I was formally in the Department of Scots Law, much of my teaching was in Civil Law. Together with the talented Departmental Secretary, Mrs Lisa White, Peter generated an air of excitement in the Department. One felt that important things were happening, and that good things would be the result. He was enthusiastic; he made one feel the importance of academic life. This meant that Peter was not an easy-going man. He was quite impatient with some of his fellow Professors in the Faculty, whom he saw - rightly or wrongly - as obstructive to progress and development. He was an enthusiastic if not always popular teacher. He really wanted to communicate his ideas. The duller brethren found him difficult; the brighter responded to his keenness, charisma, and indeed handsome looks to be stimulated and excited by ideas and scholarship.Swadling writes that Peter was &amp;quot;still based in Oxford&amp;quot; during his time in Edinburgh; from the Edinburgh point of view one would not have known. He seemed omnipresent. He created the Edinburgh Roman Law group, still going strong; he created the Edinburgh Legal History Discussion Group, of which one can say the same. Many articles started off in the latter as a brief presentation before friends over a glass of wine. It is obvious, though, that he had a punishing regime of night buses and later an old banger of a car to travel to Oxford for most weekends. In many ways it must have been a tough life for Peter and Jackie, particularly after the birth of their son who was christened in Edinburgh. But one was not aware of this. In Edinburgh Peter had made himself comfortable. He had a delightful small flat overlooking Greyfriars Kirkyard in an old converted building.Peter loved Roman law. He became famous for his work on English restitution, and indeed when I came back to Edinburgh, he will have been completing the first edition of his masterful work on the topic. It is his work on restitution that McMeel discusses as disputed. But the Birks I knew was the Birks excited by the discovery of the Lex Irnitana and the implications this held for our understanding of the role of the judges and of Roman procedure; the Birks keen on the Lex Aquilia and teasing out the nature and interpretation of texts on damage caused by smoke from a cheese manufactory; the Birks who took students through Cicero&amp;#39;s speeches so they could get a grasp of the immediacy and reality of Roman law; the Birks who understood that Gaius was still an excellent introductory work for novice lawyers; the Birks who wrote for our students a wonderful unpublished essay to help them understand the nature of an obligation. Of course, some of this links up with his work on English restitution: our students got a lot on Gaius&amp;#39; and Justinian&amp;#39;s schemes of classification. The problems posed by Gaius&amp;#39; division of obligations and the nature of the condictio indebiti were expounded to them. We still give our students the clever selection of texts that Peter and Grant McLeod developed for teaching first-year Roman law: texts the juxtaposition of which encourages students to investigate and think for themsleves through the problems of law and history they pose. Peter was interested in what some might think of as by-ways in legal history. Thus I recall a paper at the Legal History Discussion group on Giles Jacob, &amp;quot;blunderbuss of law&amp;quot;; another on William Fulbecke, which led to a reprint of Fulbecke with an introduction by Peter. These minor figures were seen by Peter as encapsulating something significant about learning and classification: they emphasised that law was a rational system, just as much as did Gaius, Justinian, and Blackstone. That they were not great figures in a constructed canon was central to their significance. Peter&amp;#39;s understanding of legal history was undoubtedly influenced by Toby Milsom, who is indeed the most important historiographer of the early medieval common law since Maitland.Peter was a sociable man. I recall many pleasant dinners in Edinburgh restaurants or after the Roman Law Group. (I also recall a dinner in my then flat in Stockbridge where there was an explosive argument with a colleague!) As I then lived on my own, I often worked late in the evening in Old College, as was often Peter&amp;#39;s practice. If he noticed I was there, and had finished for the night, he would call me down to his office, where we would share a bottle of (usually) red wine with conversation ranging from mere gossip to university politics to scholarly matters.This brings me back to Professor McMeel&amp;#39;s paper. His main focus - and that of those whom he discusses - is on Peter&amp;#39;s work in restitution. He sees the key to understanding Peter&amp;#39;s oeuvre in that field as lying in his background in Roman law and Milsomian approach to legal history. This seems right. It certainly chimes with my own knowledge of Peter&amp;#39;s interests. I knew Peter best in the period of transition from his early to his middle phase, to adopt McMeel&amp;#39;s divisions of Peter&amp;#39;s work; but this as when he was laying down the foundations.Peter is undoubtedly much missed. As was natural, I saw him increasingly less as the years passed; but we never became totally out of touch, though our academic interests increasingly diverged. I can still feel the shock when he told me of his illness. Swadling states that Peter had a strong sense of duty; this was true. He was indeed a good and faithful servant.</description>
<pubDate>Tue, 05 Dec 2011 12:20:55 +0100</pubDate>
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<item><title>Exciting Legal History PhD Opportunity, Queen Mary London: The Court of Chancery and its Records, 1820-1888</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8809</link>
<description> </description>
<pubDate>Fri, 01 Dec 2011 15:34:57 +0100</pubDate>
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<item><title>Philips van Leiden Society: 50th Anniversary, 16th December 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8804</link>
<description>This blogger remembers well the meeting in Edinburgh from 29th October - 2nd November 1987 of the Edinburgh Roman Law Group along with the Philips van Leiden Society and the Forum Romanum of Amsterdam. It was organised by the late and indefatigable Professor Peter Birks along with the excellent and efficient Secretary of the regretted Department of Civil Law, Mrs Lisa White. The theme was the Roman Law of Property, and many of the papers were subsequently published in New Perspectives in the Roman Law of Property, offered as a Festschrift to the late Barry Nicholas. As well as a scholarly programme there was an excellent social programme, including a notably successful visit to the Glenturret Distillery. One may note that, as well as Peter Birks, the only speaker we have since lost is Lord Rodger, who also gave a paper;  all other speakers are happily still with us. It was a memorable event at which your blogger met many eminent Dutch legal historians for the very first time. He is still proud of his Philips van Leiden tie.</description>
<pubDate>Tue, 28 Nov 2011 18:13:52 +0100</pubDate>
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<item><title>Call for papers - European Society for Comparative Legal History Conference</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8799</link>
<description>Source: Mailing list of the European Society for Comparative Legal History </description>
<pubDate>Sun, 26 Nov 2011 11:54:44 +0100</pubDate>
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<item><title>Call for Papers - Sale and Community</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8797</link>
<description>S a l e   a n d   C o m m u n i t y</description>
<pubDate>Sat, 25 Nov 2011 09:24:28 +0100</pubDate>
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<item><title>Call for Papers: 2012 Meeting of the American Society for Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8796</link>
<description>The Program Committee welcomes proposals for both full panels and  individual papers, though please note that individual papers are less  likely to be accepted. As concerns panels, the Program Committee  encourages the submission of a variety of different types of proposals,  including:</description>
<pubDate>Thu, 23 Nov 2011 17:22:26 +0100</pubDate>
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<item><title>Annual meeting of the American Society for Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8795</link>
<description>The annual meeting of the ASLH took place in Atlanta from 10 - 13 November 2011.</description>
<pubDate>Thu, 23 Nov 2011 16:54:38 +0100</pubDate>
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<item><title>Oxford Studies in Roman Society and Law</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8786</link>
<description>The first volume in this series (of which Dr. Paul J. du Plessis is one of the two editors) has won a prestigious international award. Saskia Roselaar&amp;#39;s book entitled Public land in the Roman Republic - a Social and Economic History of Ager Publicus in Italy, 396 - 89 BC has been awarded the James Henry Breasted Prize by the American Historical Association.</description>
<pubDate>Tue, 14 Nov 2011 13:40:35 +0100</pubDate>
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<item><title>Finkelman Seminar</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8779</link>
<description>On 28 October, Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School, Albany New York, delivered a paper entitled &amp;ldquo;Constitutional Slavery&amp;rdquo;. Deriving from his current research programme on slavery and the constitution, Professor Finkelman&amp;#39;s topic attracted a wide audience from across the College. The reception was followed by dinner at a local Italian Restaurant</description>
<pubDate>Fri, 10 Nov 2011 16:02:19 +0100</pubDate>
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<item><title>Archie Duncan: Formularies</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8777</link>
<description>Professor Emeritus Archie Duncan of the University of Glasgow has produced a substantial and invaluable volume of Scottish formularies for the Stair Society. As well as formularies reflecting the Scottish ius proprium, there are also examples from the ius commune. In all, this volume is destined to throw considerable light on the history of Scots law.</description>
<pubDate>Wed, 08 Nov 2011 15:03:53 +0100</pubDate>
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<item><title>Lord Rodger and the Dies Natalis of the Erasmus University of Rotterdam</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8776</link>
<description>The focus of the 98th Dies Natalis of the Erasmus University of Rotterdam is the work of the School of Law. While it has an impressive record with its blending of law, sociology and economics in its work, for this blog it is best known for its work in legal history. To mark the dies natalis, the Faculty of Law decided to award the degree of doctorate honoris causa to the late Lord Rodger of Earlsferry. Lord Rodger had accepted with pleasure. The degree will now be awarded posthumously, with the diploma accepted by his family. As well as the award of the degree, with a  laudatio by Professor Laurens Winkel, two lectures will be given on the theme of empirical legal studies.</description>
<pubDate>Wed, 08 Nov 2011 14:52:06 +0100</pubDate>
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<item><title>CFP: Entanglements in Legal History, Lucerne, 2-6 September 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8771</link>
<description> </description>
<pubDate>Wed, 01 Nov 2011 18:47:01 +0100</pubDate>
</item>
<item><title>Chiene Lecture 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8768</link>
<description>The Peter Chiene Lecture 2011 was given by Professor Boudewijn Sirks of the University of Oxford, on 14 October, 2011 on the title&amp;ldquo;The Parallel Universes of Baker, Joblin and Julian: Causation and Law&amp;rdquo;. Professor Sirks elegantly explored parallels and comparisons.</description>
<pubDate>Sat, 28 Oct 2011 17:10:03 +0100</pubDate>
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<item><title>Law and Disputing in the Middle Ages - IX. Carlsberg Academy Conference on Medieval Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8757</link>
<description>9th &amp;ndash; 11th May 2012At the Carlsberg Academy in Copenhagen, Denmark</description>
<pubDate>Sat, 07 Oct 2011 13:20:29 +0100</pubDate>
</item>
<item><title>Oxford studies in Roman Society and Law</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8752</link>
<description>The second volume in the series, Oxford Studies in Roman Society and the Law, has appeared. The aim of this timely new monograph series is to create an interdisciplinary forum devoted to the interaction between two established academic disciplines, legal history and ancient history, in the context of the study of Roman law. Focusing on the relationship of law to society, the volumes will cover the most significant periods of Roman law (up to the death of Justinian in 565) so as to provide a balanced view of growth, decline, and resurgence. Most importantly, the series will provoke general debate over the extent to which legal rules should be examined in light of the society which produced them in order to understand their purpose and efficacy.</description>
<pubDate>Thu, 28 Sep 2011 08:45:49 +0100</pubDate>
</item>
<item><title>Call for Papers - European Society for Comparative Legal History</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8748</link>
<description>COMPARATIVE LEGAL HISTORYDefinitions and ChallengesSecond ESCLH ConferenceAmsterdam, 9-10 July 2012</description>
<pubDate>Wed, 27 Sep 2011 08:29:32 +0100</pubDate>
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<item><title>SIHDA 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8746</link>
<description>The 65th Session of the &amp;#39;Soci&amp;eacute;t&amp;eacute; internationale Fernand de Visscher pour l&amp;#39;Histoire des Droits de l&amp;#39;Antiquit&amp;eacute;&amp;#39; (SIHDA) was held in Liege, from 19 - 24 September 2011. The general theme of the congress was: &amp;quot;The Obligation in the Laws of Antiquity, from its source to its fulfilment&amp;quot;.</description>
<pubDate>Tue, 26 Sep 2011 08:39:58 +0100</pubDate>
</item>
<item><title>Interpreting Slavery</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8741</link>
<description>The recent conviction of two Scots for trafficking vulnerable individuals as male and female prostitutes, and the extraordinary Bedfordshire case where, allegedly, some men were held an against their will - for up to fifteen years - and forced to work for no pay, serve to remind us of the continuing prevalence of the &amp;quot;peculiar institution&amp;quot;.  Detective Inspector Stephen Grant from Strathclyde Police&amp;#39;s major investigation teams hit it on the nail when he said: &amp;quot;Human beings are not products which can ever be bought and sold and this will never be tolerated.&amp;quot; See http://www.bbc.co.uk/news/uk-scotland-14857004 and  http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-14878181</description>
<pubDate>Thu, 21 Sep 2011 09:09:15 +0100</pubDate>
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<item><title>Iniuria and the Common Law - International Seminar, All Souls, Oxford: 8 - 10 September 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8733</link>
<description>The author of this blog attended an excellent seminar over the weekend in the splendour of All Souls College, Oxford. The seminar was co-organised by our colleague, Dr. Eric Descheemaeker together with Professor Helen Scott of the University of Cape Town. </description>
<pubDate>Tue, 12 Sep 2011 15:42:45 +0100</pubDate>
</item>
<item><title>CFP: Markets, Law, and Ethics, 1400-1850</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8732</link>
<description>Call for Papers: Markets, Law, and Ethcis, 1400-1850 </description>
<pubDate>Tue, 12 Sep 2011 14:27:25 +0100</pubDate>
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<item><title>Richard &amp; Diane Cummins Legal History Research Grant for 2012</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8728</link>
<description>The Richard &amp;amp; Diane Cummins Legal History Research Grant for 2012George Washington University Law is pleased to invite applications for the Richard &amp;amp; Diane Cummins Legal History Research Grant for 2012.The Cummins Grant provides a stipend of $10,000 to support short-term historical research using the Special Collections Department at GW&amp;#39;s Jacob Burns Law Library, which is noted for its continental historical legal collections, especially its French collection, with strengths in Roman and canon law, church-state relations, international law, and many incunabula holdings.The grant is awarded to one doctoral, LLM, or SJD. candidate, postdoctoral researcher, faculty member, or independent scholar. The successful candidate may come from a variety of disciplines including, but not limited to, law, history, religion, philosophy, or bibliography.Applicants must submit a letter and research proposal (maximum 1000 words) outlining the scope of their project and specifying those materials from the Special Collections Department that are relevant to their research. Applicants also should submit two letters of support, preferably from academic colleagues. For student applicants, one of the letters must be from a dissertation or thesis advisor. These documents may be submitted electronically or in hard copy via mail.During his or her visit, the grant recipient will deliver a presentation to interested faculty of the research completed at GW, and at the conclusion of the visit will submit a summary of research conducted during the visit.Grant applicationThe deadline for submitting applications is 1 November 2011. Inquiries and application materials should be sent to:Dean Scott B. PagelDirector, Jacob Burns Law LibraryThe George Washington University716 20th Street NWWashington, DC  20052About the Special Collections DepartmentThe Special Collections Department of the Jacob Burns Law Library preserves more than 35,000 important legal works from the fifteenth through nineteenth centuries. Its French Collection is one of the largest assemblages of early French law in the United States. The Incunabula Collection comprises more than 120 titles. Other significant areas of the collection include church-state relations, Roman and canon law, international law, and early American statutes and practitioner guides. Additional information regarding the collection is available from the Special Collections Department.  For information regarding the scope of the collection and its potential pertinence to individual research needs, please contact:Jennie MeadeDirector of Special CollectionsJacob Burns Law Library</description>
<pubDate>Fri, 08 Sep 2011 14:57:37 +0100</pubDate>
</item>
<item><title>Call for Papers: Paisley Snail Conference</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8725</link>
<description>An International Conference will be taking place on  25-26 May 2012, to mark the exact 80th  anniversary of Lord Atkin&amp;rsquo;s judgment.</description>
<pubDate>Sun, 27 Aug 2011 13:10:51 +0100</pubDate>
</item>
<item><title>Peter Chiene Lecture 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8722</link>
<description>The Peter Chiene Lecture 2011 will be given by Professor Boudewijn Sirks of the University of Oxford, on 14 October, 2011. His title is &amp;ldquo;The Parallel Universes of Baker, Joblin and Julian: Causation and Law&amp;rdquo;.</description>
<pubDate>Sat, 19 Aug 2011 15:44:05 +0100</pubDate>
</item>
<item><title>Scottish Legal History Group: 31st Meeting: additional note</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8721</link>
<description>This blog is delighted to note that the 31st meeting of the Scottish Legal History Group will take place on 1 October, 2011 in the Reading Room of the Advocates&amp;rsquo; Library, Parliament House, Edinburgh. As usual there is an interesting programme. Anyone interested in attending, upon payment of the conference fee of &amp;pound;10, should contact the Secretary to the Secretary, Dr Mark Godfrey, School of Law, University of Glasgow, Glasgow G12 8QQ. See http://www.law.ed.ac.uk/elhblog/blogentry.aspx?blogentryref=8720</description>
<pubDate>Sat, 19 Aug 2011 13:51:20 +0100</pubDate>
</item>
<item><title>Scottish Legal History Group Conference, 1 October 2011</title>
<author>John Cairns and Paul du Plessis</author><link>http://www.law.ed.ac.uk/ecclblog/blogentry.aspx?blogentryref=8720</link>
<description> Scottish Legal History GroupThirty-First Annual Conference</description>
<pubDate>Sat, 19 Aug 2011 13:39:39 +0100</pubDate>
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