Centre for the Study of Law in Society
Seminar Programme 2012-2013
CLIS organises a seminar series every year. For more information about this year series follow the link on the right. Stimulating and insightful the seminars reflect the varied research areas that CLIS is involved in and are an opportunity learn more about Law in Society. Often the seminars are organised jointly with other research clusters and university departments. This reflects the collaborative nature of the cluster and the crossover of the research activities with other research areas such as politics and health care. Everyone is welcome to attend and there is no need to register.
Our next seminar is...
The reach of de-nationalisation: A case study
Dave Cowan, University of Bristol Law School
10 April 2013
16:00-17:00
DB07
Abstract
In this paper, I use a case study of the development of public law and human rights defences to mandatory possession proceedings as an exemplar of a different way of thinking about human rights, a way that is imbued in interdisciplinary scholarship about territory, sovereignty, and reach. It is, at the moment, a working paper. It is concerned with the jurisdictional collision between traditional rights in the UK context - in this case study,
liberal conceptions of property rights - and rights under the European Convention - in this case study, the requirement that the Claimant must show that possession is proportionate. It is the splicing of these jurisdictions which is in question in this paper, and what one finds is that different responses to these issues are largely based on different conceptions on territoriality, territory and sovereignty. It is shown that the reach of Convention jurisprudence produces new identities (from trespasser or unlawful occupier to rights bearer) and that these processes reinforce sovereignty at the very moment it is being questioned. Finally, and more practically, the reach of Convention jurisprudence to the private sector is considered.
Past Seminars
15 October 2012
Guest Lecture: “Legal Positivism and The Moral Aim Thesis”
17 October 2012
Guest Lecture: “When the State Speaks, What Should it Say?"
