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SOCIO-LEGAL M.A. AT THE OÑATI INSTITUTE 21st INTERNATIONAL MASTER’S PROGRAMME IN SOCIOLOGY OF LAW 2010/2011 PROGRAMME Director: Sol Picciotto Coordinator: Susana Arrese Murguzur University of the Basque Country representative: Joxerramon Bengoetxea University of Milan representative: Vincenzo Ferrari

Oñati, December 2009


TABLE OF CONTENTS

THE INTERNATIONAL INSTITUTE FOR T H E SOCIOLOGY OF LAW

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ABOUT OÑATI

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THE INTERNATIONAL MASTER’S PROGRAMME IN THE SOCIOLOGY OF LAW

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INTRODUCTION

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ORGANIZATION AND EXAMINATION RULES

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THE RESIDENCE OF THE INTERNATIONAL INSTITUTE FOR THE SOCIOLOGY OF LAW

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CONTENT OF THE COURSES, TEACHING STAFF 2010-2011

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CALENDAR

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TEACHING STAFF AND COURSES

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THE INTERNATIONAL INSTITUTE FOR T H E SOCIOLOGY OF LAW he International Institute for the Sociology of Law (IISL) was founded in 1988 by the International Sociological Association’s Research Committee on the Sociology of Law, and the Basque Government. It is associated with several European and non-European universities as well as an international network of sociologists of law who benefit from its facilities for seminars, workshops and sabbaticals.

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The Institute is located in the old University of Oñati building, dating from 1543, a magnificent

example of Spanish Renaissance architecture. The building has been renovated to accommodate a documentation centre, library, administrative offices and meeting rooms. At a short walk from the University, the Palacio Antia, the Institute’s Residence, an elegant 18th century building also recently renovated, provides common rooms for social activities and accommodation for students, faculty and visitors. Updated information can be obtained from the Institute’s website (http://www.iisj.es) and the latest news is published also in the Institute’s newsletter.

Staff of the IISL.

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ABOUT OÑATI ñati, a medieval town in the heart of the Basque Country (Euskadi) with approximately 11,000 residents, is situated in a beautiful valley surrounded by mountains and forests. It belongs to Gipuzkoa, one of the three provinces or historic territories that make up the Autonomous Region of the Basque Country in Spain. The distance from Bilbao is 65 km; from San Sebastian, 75 km; from Vitoria, 45 km; from the Bay of Biscay, 40 km. The altitude is 236 m above sea-level. The Paris-Madrid railway line passes through Zumarraga, 15 km away.

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Aerial view of Oñati.

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The climate is Atlantic, mild in spring and autumn. In summer, the average temperature ranges from 18 to 28 degrees, and the nights are cool. In winter, it snows very little, although the highest of the mountains which surround the town (Aloña, 1232 m) can be covered in snow for several months. The average temperatures in winter range between 4 and 12 degrees. The countryside around Oñati is beautiful, and has a number of features of great interest and cultural significance, such as the OñatiArrikrutz Karst, located near the Arantzazu Sanctuary under the Aizkorri massif.


The old town centre has many buildings of architectural significance, some of which are classified as National Historic Monuments. Many different styles are represented: Gothic, Renaissance and Baroque. Examples of these different styles can be seen in the Bidaurreta Monastery, the San Miguel Parish Church, the Town Hall and several other medieval buildings For details on the history of Oñati and its University, see Montserrat FORNELLS ANGELATS, La Universidad de Oñati y el Renacimiento, San Sebastián, Diputación Foral de Gipuzkoa, 1995 and the website: http://www.oinati.org.

San Miguel Parish Church. Cloister.

Oñati is well-equipped with sporting and cultural facilities. There is excellent hiking and other recreational activities in the surrounding countryside. There are also courses available for learning Spanish and Euskara, the Basque language.

Antigua Universidad.

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THE INTERNATIONAL MASTER’S PROGRAMME IN THE SOCIOLOGY OF LAW

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INTRODUCTION

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BJECTIVES

The Master’s degree in Sociology of Law of the IISL is taught in English. The goal of the programme is to expose students from different academic backgrounds and countries to the most important theories on sociology of law (socio-legal studies), to contemporary debates in selected pertinent topics, to teach them how to design and conduct sustained, original research on sociolegal topics, and to provide them with the experience of actually carrying out such a project. The Master’s degree (60 ECTS) is awarded as a joint official Master of Arts degree of the Università degli Studi di Milano and of the University of the Basque Country.

The programme has two major components: intensive seminars taught by visiting professors who are leading specialists on each topic (40 ECTS credits), and an individual research project under the tutorship of a senior specialist in socio-legal studies culminating in the writing of a dissertation (Master’s thesis) (20 ECTS credits). The course prepares students for independent scientific research and enlarges their capacity for practical problem solving. The programme aims to increase the students’ knowledge and understanding of issues of law in society and their cultural, political and economic contexts, from a comparative and international perspective. The seminars of the Master’s programme are taught in English. However, students may do individual work in another language with the permission of the relevant professor.

2009-2010 programme students with prof. Rosemary Hunter.

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ISTORY The 2010-2011 academic year will be the twentyfirst of the Oñati Master’s Programme.

The Oñati Master’s Programme is very widely recognised as an excellent qualification for entry to a PhD, and formally qualifies for credit under the PhD programmes of several European universities. Its scientific and pedagogical level has been judged by the Executive Committee of the International Sociological Association to meet internationally recognised standards. The M.A. awarded is formally a degree of the University of the Basque Country and the University of Milan. More than one hundred senior lecturers specialising in socio-legal studies have been members of the teaching staff. More than two hundred students from all over the world have successfully completed the programme and been awarded the degree, and many have become well-known experts in their field. The titles of their final Master’s thesis are available at "Former students of the Master's Programme" on our website.

Students of the IISL at Ikastola High School.

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ENGTH AND STRUCTURE OF THE PROGRAMME

The Master's degree can be obtained in one academic year. Seminars take place in Oñati during the six-month period from the last week of September to the last week of March. From April to October students research, write and defend their dissertation under tutorial guidance. The dissertation supervisor should normally be picked from among the teachers of the Master's programme, although it is possible to choose another supervisor (with their agreement), who must be a specialist on the topic, and with the permission of the Director. During this period (April-October), students have the option of staying in Oñati, visiting another university, or returning to their home university. A Master's degree will be awarded to those who get a passing grade in all the courses given during the academic year and who present and successfully defend their dissertation. Although dissertations are normally written in English, the use of other languages may be considered. Students may also apply to participate in one or more of the specific courses offered without taking the whole degree. They receive a certificate for the courses completed, and credits awarded may contribute to other degrees which recognise the ECTS system.


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DVANTAGES AND FUTURE OPPORTUNITIES

The Institute provides outstanding facilities and support for postgraduate sociolegal study which are unique in the world. A small and select group of students, from a varied and cosmopolitan background, study in a wonderful setting with many of the leading experts in the field. The students come from all over the world: in 2009-10 the 18 students come from 14 different countries. The programme is taught entirely in small groups, usually a maximum of 20. The courses provide an unparalleled opportunity for close personal contacts with eminent scholars in the socio-legal field, who can introduce students to the leading work, as well as providing direct contacts to the main researchers and networks, in their field. The Scientific Director conducts the Thesis Seminar, to help in the formulation and development of the dissertation research project, and provides continuity and further individual advice and supervision. By producing a qualifying Master’s thesis, candidates will have completed a piece of research in a motivating and supportive environment, learning how to define and develop a research project, devising and applying appropriate methodological tools, and writing a wellgrounded and original paper. Thus the master’s programme provides candidates with highly valuable training, helpful in any future research career, whether as an academic, professional, or activist.

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OCTORAL STUDIES PhD in Law and Society “Renato Treves”

The Oñati Institute and the University of the Basque Country are members of the Renato Treves Doctoral Programme together with the following universities: Università degli Studi di Milano, Università degli Studi di Milano-Bicocca, Università degli Studi dell´Insubria, Università degli Studi di Bologna, Università degli Studi di Urbino “Carlo Bo”, Universiteit Lunds, Universidad Carlos III de Madrid, Universiteit Antwerpen – UFSA, and the Centro nazionale di prevenzione e difesa sociale di Milano. Students who obtain the International Master in Sociology of Law can apply to register as doctoral candidates at Renato Treves network. CES- University of Coimbra The Centro de Estudos Sociais (CES) at the University of Coimbra recognises the International Master in Sociology of Law as a first step for their Doctoral programmes (agreement signed in June 2008). University of the Basque Country The University of the Basque Country offers a Doctoral Programme in Derecho y Sociedad. The students having obtained the official Master at the Oñati Institute can register directly in the Programme as doctoral candidates of the University of the Basque Country. The Oñati M.A. also provides an excellent preparation for a Doctoral programme in a student´s home country, or anywhere in the world. The taught courses give a firm grounding both of skills acquired and contacts within the socio-legal community, and the Master´s dissertation often provides the basis for further topics to be researched at the Doctoral level. Many of the best Master´s theses are displayed and can be downloaded from the Institute´s website http://www.iisj.es 13


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UPERVISION FOR THE MASTER’S PROGRAMME

The programme is coordinated by the Scientific Director in cooperation with the Master's Programme Committee. Members of the committee are distinguished scholars in the academic areas that constitute the educational programme of the Institute. Applicants will be selected for admission to the Master's by the Scientific Director, in consultation with the Master's Committee. The Institute reserves the right to admit only candidates who in its opinion are capable of satisfactorily following and completing the programme.

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CHOLARSHIPS/ FELLOWSHIPS

The IISL is able to make several grants to cover expenses related to tuition, board or lodging in Oñati, through the Renato Treves Scholarships and the Neelan Tiruchelvam Fellowships. These grants can only be awarded to those applicants who otherwise could not afford to attend the Master’s course. An applicant who believes that he/she qualifies for a grant should describe in detail his/her personal and family financial condition and the efforts that he/she has made to secure financial assistance in his/her home country.

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PPLICATION PROCEDURES Admission Requirements

Candidates must have a University degree in sociology, law, social sciences and/or in another discipline related to Sociology of Law. Undergraduates in their final year may be admitted on the basis of their anticipated results, but they must already have been awarded their first degree diploma by the time the Master’s course begins. Applicants must have a very good working knowledge of English, reading and writing as well as spoken. The ability to use social science literature published in other languages is useful. With their application forms, candidates must send: (i) a copy of their passport or identity card; (ii) 4 passport-style photos; (iii) a curriculum vitae: this should state the approximate class standing in any higher degree qualification attained (e.g. top 5%, top 15%), and should include details of any dissertation or substantial written work, and the citation if published; (iv) a transcript of the credits or subjects taken in and showing satisfactory completion of the first degree; (v) a copy of a TOEFL diploma or other evidence of fluency in English.

The Oñati Local Town Council also provides an annual grant of €1,700 to support a student from the town, admitted to the Master’s programme.

Sol Picciotto, lagê Zendron Miola and Carlos Lista.

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Furthermore, applicants must send two references written by their previous university teachers or other scholars. If the application is accepted, it will be required to send an officially legalized first degree diploma (Apostille Convention de La Haye) and its translation into Spanish by an official translator. Further information can be obtained from the following address: Susana Arrese Murguzur Coordinator of the Master's Programme International Institute for the Sociology of Law Avenida de la Universidad, 8 / Apartado 28 20560 OÑATI / Gipuzkoa / Spain / Tel: +34 943 78 30 64 Fax: 34 943 78 31 47 E-mail: susana@iisj.es Website: http://www.iisj.es Within one month of the date of notification of acceptance onto the Master's programme, a €300 deposit is required. This amount will be deducted from the total tuition fees and is payable either by Visa or Master card, a

cheque in euros drawn on a Spanish bank or by bank transfer to the following bank account: Oñati International Institute for the Sociology of Law Banco Bilbao Vizcaya Argentaria Oñati (Gipuzkoa) Spain International Bank Account Number IBAN ES84 0182 0326 1000 1052 9952 Bank Identification Code BBVAESMMXXX Total tuition fees for the 2010/11 Master's Programme come to €2,000. The remaining €1,700 should be paid into the aforementioned account before the start of the programme in September. The deposit will not be returned if, for any reason, the candidate does not take part in the Master's Programme. Tuition fees for participation in single courses are €100 per week.

IISL Library.

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RGANIZATION AND EXAMINATION RULES International Master´s in the Sociology of Law

The degree is conferred on the basis of course credits, a Master’s thesis and the defence of the thesis. Candidates must obtain at least a Pass mark (Aprobado) in every component in order to be awarded the degree. Any component for which a candidate receives a Fail may be retaken in the following year, unless the candidate is excluded from the programme by a decision of the competent authority. A candidate must normally pass all the taught courses before being allowed to proceed to writing the thesis. In exceptional cases, the Scientific Director may allow a candidate to proceed to writing the thesis if a course has been missed or failed, but the candidate must complete the missing course credit(s) the following year in order to be awarded the degree. The grades for one or more courses may be withheld by the Institute, so that the candidate may not be able to graduate, if the student has not fulfilled his/her financial obligations to the Institute or to the UPV/EHU. Courses The taught course part of the programme consists of 15 different courses with a total of 40 ECTS credits. One ECTS credit is considered equivalent to 25 hours of coursework including supervisions, seminars, readings, discussions and preparation of papers and exams. A full course of two weeks counts for three credits, a half course of one week counts for 1.75 credits, and the Thesis Seminar also counts for 1.75 credits. Seminars are usually held between 10.00 and 12.00 each day, but this may vary. Students are expected to attend the seminars and other sessions, submit coursework and participate in all courses. Any absence for any reason 16

must be explained to the course teacher, preferably in advance. A course teacher can give a Fail grade to any student who fails to attend or participate in a course. Certificate Students who obtain credits for some or all required courses, but whose Master’s thesis is not submitted or not approved, will be certified to have completed the course work of the programme with the relevant number of ECTS obtained. Students who fail one or more courses may at the end of the teaching period ask for a certificate for those courses that they have successfully passed and those ECTS they have accumulated. Students’ and Teachers’ Evaluation of the programme At the end of their course, lecturers will be asked to give an overall assessment of the programme and of each student. Students will be asked to provide an anonymous evaluation of lecturers and an evaluation of the programme as a whole at the end of the course. The Master/Student committee of the IISL and the academic committee for the Master’s will analyse these evaluations and recommend appropriate improvements. Misbehaviour The Scientific Director deals with cases of students’ misbehaviour that occur outside the classroom. He/she can decide on an appropriate sanction. This may – in severe cases and after consultation with the students’ representatives – include requiring a student to move out of the Residence or expelling the student from the Masters’ programme. Misbehaviour in class is dealt with by the teacher. If the student repeatedly misses class without reasonable justification, and in severe cases of misbehaviour in class, the teacher shall report this to the Scientific Director, who may expel a student from the course, fail the student, or apply another appropriate sanction.


Ethics, Good Academic Practice, and Plagiarism Research for the Master thesis must comply with the ISA Code of Ethics (http://www.isasociology.org/about/isa_code_of_ethics.htm). All written work submitted must comply with normal standards of good academic practice, especially as regards use and citation of sources. All sources must be properly cited, and any quotations must be clearly marked as such. Failure to mark quotations or cite sources may be treated as plagiarism (passing off the work of another as one´s own). Sanctions for bad academic practice or plagiarism include deduction of marks, failing the course, or expulsion from the Master’s. A teacher or examiner who identifies or suspects bad academic practice or plagiarism should report the matter to the Scientific Director, who may investigate by any means considered appropriate. If a prima facie case is found, the student will be notified of the details and given an opportunity to explain; the student may be accompanied by a friend or adviser. The decision on the mark to be awarded or penalty will be taken by the Scientific Director, and reported to the Board of Examiners. Master´s Thesis Candidates work with the Scientific Director and in the Thesis Seminar to identify a suitable topic for a thesis, develop and refine it, determine their theoretical perspective and empirical or other methodology, and conduct a literature review. Each student will present to the Scientific Director by the agreed date (normally not later than 19th February 2010) a provisional title and a short outline for his/her Thesis. It should be sufficiently elaborated to serve as a basis for discussion in the thesis seminar. A final title for the Thesis, with an explanation of the research project and general outline of the thesis, must be submitted in time for approval by the Scientific Director by 25th March 2010 at the latest.

With the approval of the Scientific Director each student should select a suitable supervisor, who could be one of the course teachers, or another specialist on the topic chosen, with the approval of the Scientific Director. The person nominated must confirm in writing to the Institute their willingness and availability to provide supervision, especially during the final stages of writing the thesis. Candidates should keep in contact with the supervisor during the whole period of research and writing. They are required to submit to both the supervisor and the Scientific Director, by a deadline agreed with the latter, a draft Outline of the thesis with section or chapter headings, a statement of the topic, perspective and methodology, and of the main relevant sources identified by the literature review. The supervisor should read and comment on draft chapters or sections, according to an agreed timetable. If the student decides not to follow any of the advice given by the supervisor s/he should explain the reasons to the supervisor. The student must send the supervisor a final draft of the whole thesis no later than 30th August 2010; the supervisor should send comments on this draft within one week of its receipt, and must approve the final draft for submission. The thesis should be of the style and substance of a substantial journal article. The length should be 10-15,000 words, including footnotes and bibliography, but excluding Appendices. The Scientific Director may approve a higher word limit if the candidate presents good reasons, for example related to the recognition of the degree in their own country. The thesis should normally be written in English. The use of other languages may be approved by the Scientific Director if supervision and examining by persons versed in this language can be arranged. The thesis should be typed, must include a Bibliography with a full alphabetical list of all references, and must not exceed the word limit. Penalties may be applied for exceeding the word limit.

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The final version of the thesis must be submitted to the Institute no later than 12th September. If the thesis is not submitted by the deadline for a valid and unforeseeable reason, the student may, with the approval of the Institute, submit the thesis by a new approved deadline, for examination in the following year. If a thesis is not submitted by the deadline it may not be marked in time for the student to graduate until the following year. This may entail the student registering again for the course and payment of an additional fee to the UPV/EHU in respect of the thesis module. Examination and Defence of the Master´s Thesis The Thesis is examined by an external examiner appointed by the Institute, and the Scientific Director, or a person appointed by him/her. The comments of the supervisor may also be taken into account, especially in the case of a disagreement between the examiners. The defence of the thesis is normally in writing, unless the student specifically requests an oral defence. Such requests must be submitted in good time for

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the defence to be arranged. If the request is not made before 1st May 2010, it may not be possible to arrange. The written comments of the examiner and the Scientific Director will be sent to the student by the Institute, usually within one week of the submission of the thesis, and at the latest by noon on 19th September. If the student wishes to submit a written defence of the thesis, it must be received by the Institute within one week of the date that the comments were sent to the student, and at the latest by noon on 26th September. The written defence should be succinct, and should address the questions put and issues raised by the examiners. The student will not benefit by, and may be penalised for, excessive length and/or failing to focus on the points raised by the examiners. Arrangements for an oral defence, if requested, will be made individually with the student, but must take place at the latest by 27th September. In addition to the thesis examiners, other examiners in the programme with an expertise in the topic, including the supervisor, may participate in the oral defence.


THE RESIDENCE OF THE INTERNATIONAL INSTITUTE FOR THE SOCIOLOGY OF LAW

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THE RESIDENCE

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t a short walk from the Institute, our Residence, the Palacio Antia, an century elegant 18th building made available by the town of Oñati, offers comfortable accommodation for students, faculty staff and

visitors. In addition to spacious study/bedrooms and two apartments (for the Scientific Director and the Lecturers), the building has a number of common rooms and recreational facilities (fully equipped kitchen, dining room, TVDVD, sitting room, billiards room, washing Current prices

Per month / per person Per week / per person Per day / per person Per month / per person Per day / per person

and drying rooms, etc). There is a bank of computers with access to the internet, as well as wireless internet access in the entire building. The Residence creates an atmosphere in which students, visiting researchers and Fellows, and the distinguished faculty staff teaching at the Institute can interact in a casual, informal manner. In addition to the many facilities provided at the Residence, residents also enjoy free access to the town’s cultural and sports centres, including an indoor swimming pool. Students and visitors may choose either single or shared rooms.

Master’s Students Master’s Students Master’s Students Visiting Scholars Visiting Scholars

Shared room € 240.00 € 70.00 € 12.00 € 270.00 € 19.00

Single room € 405.00 € 102.00 € 19.00 € 405.00 € 26.00

The Palacio Antía, Residence of the IISL. 21


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CONTENT OF THE COURSES, TEACHING STAFF 2010-2011

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CALENDAR CALENDAR

ECTS

TITLE OF THE COURSE Induction Week Introduction to the Library

20-24 Sep. 2010 27 Sept.-8 Oct. 2010

3

Lawyers, Empire and Globalization Yves Dezalay - CNRS Mikael Madsen – University of Copenhagen

11-22 Oct. 2010

3

Quantitative Methodology Sharyn Roach Anleu – Flinders University

25 Oct.-5 Nov. 2010

3

Socio-Legal Research Theory and Practice: Qualitative Methods Angela Melville - University of Manchester

8-12 Nov. 2010

1,75

15-26 Nov. 2010

3

States, Markets, Societies and Global Governance Igor Filibi & Noé Cornago - Universidad del Pais Vasco

29 Nov.-10 Dec. 2010

3

Theories of Law in Society Arvind K. Agrawal – University of Rajasthan

13-23 Dec. 2010

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The Multicultural Constitution Daniel Bonilla – Universidad de los Andes

10-21 Jan. 2011

3

Law and the Economy David Campbell – University of Durham

24 Jan.-4 Feb. 2011

3

Transitional Justice and Rule of Law Adam Czarnota – University of New South Wales

7-11 Feb. 2011

1,75

Comparative Legal Culture Joxerramon Bengoetxea – Universidad del País Vasco

14-18 Feb. 2011

1,75

Global Law Making Terence Halliday – American Bar Foundation

21 Feb.-4 Mar. 2011

3

Law and Anthropology Letizia Mancini – University of Milan

7-18 Mar. 2011

3

International and European Media Regulation Lucia Bellucci – University of Milan

21 Mar.-1 Apr. 2011

3

Territory and Sustainability: a socio-legal perspective Antonio Azuela – Universidad Nacional de Mexico

Oct. 2010-Mar. 2011

1,75

Thesis Seminar & Tutorials Oñati IISL Scientific Director and Visiting Fellows

Apr.-Sep. 2011

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TOTAL CREDITS

60

Dispute Resolution Luigi Cominelli – University of Milan

Research Project & Master´s Thesis

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TEACHING STAFF AND COURSES Yves DEZALAY

Mikael Rask MADSEN

Directeur de recherches at the C.N.R.S. (Centre National de la Recherche Scientifique) in Paris, senior researcher of the Centre de Sociologie EuropĂŠenne founded by Pierre Bourdieu. Affiliated scholar of the American Bar Foundation. Main research focus the internationalization of the legal field in relation with other professional fields of expertise, working mainly with Bryant Garth. Together they have written or edited six books, including Dealing in virtue: International Commercial Arbitration and the Emergence of an International Legal Order (1996), The Internationalization of Palace Wars : Lawyers, Economists and the Contest for Latin American States (2002) and Asian Legal Revivals: Lawyers-Compradors and Colonial Strategies in the Reshaping of Asian States (2010).

Lecturer in sociology of law at the Faculty of Law, and Director of the Centre for the Study in Legal Culture at the University of Copenhagen. Law degree from the University of Copenhagen (1998), MA Sociology of Law (IISL 1997), DEA sociology (1999), and Docteur en sociologie (2005) EHESS. Paris. His research has focused on the internationalisation and globalisation of law and legal practices, including large-scale projects concerned with 1) Analysing the rise of human rights as a new form of legal knowledge in Europe following WWII; and 2) Developing a reflexive sociology of the internationalisation of law, with publications in leading international journals in France and the US.

Lawyers, Empire and Globalization Lawyers serve as brokers for social, economic, and political interests linked to both processes of Empire building and globalization, while mainstream research tends to argue that lawyers simply convert those interests into legal arguments, we assert that they are not neutral in these processes. Lawyers construct their own entrepreneurial space by combining different kinds of assets. In addition to representing concrete social, economic, and political interests, lawyers invest in more symbolic assets associated with knowledge and virtue. Lawyers may serve as state architects, seeking typically to moderate the power of those they serve, but they also serve as diplomats or brokers between different states, including colonizing and colonized states or competing hegemonic powers on the world stage, and between entities such as church and state. The course aims to conceptualize the link between law, lawyers and Statebuilding, understand how law and empire are connected, analyze the major imperial modes of production (for example European and US), and examine the importance of legal actors in processes of globalization.

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Sharyn ROACH ANLEU Professor of Sociology at Flinders University, Adelaide, a Fellow of the Academy of Social Sciences in Australia and a past president of The Australian Sociological Association. PhD (Connecticut), MA (Tasmania) and Law Honours (Adelaide). Author of Law and Social Change (2nd edition 2010), four editions of Deviance, Conformity and Control, (Pearson, Sydney) and numerous articles on deviance, legal regulation and courts and the justice system. Currently undertaking a large-scale study of judicial officers and their courts.

Quantitative Methodology Introduction to quantitative research methods and the interpretation of quantitative data. Overview of the logic of scientific inquiry and critical assessment of assumptions behind quantitative methods. The course will critically examine the benefits and limitations of quantitative research methods in understanding socio-legal issues by examining several studies that rely on such methods. The course introduces surveys in socio-legal research, including undertaking surveys, interpreting results and presenting findings. It will also consider publicly available survey data collected by other researchers or government agencies and the potential uses for socio-legal research, discuss experimental research in the social sciences, and examine evaluation research and its relevance for policy and outcomes. Topics include: Refining research questions. Assessing the practical and resource implications of research. Constructing different types of surveys. Administering surveys. Analysing and reporting survey data. The ways in which survey data can be used. Students will be enabled to critically evaluate research that relies on survey research and

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quantitative methods, formulate research questions that can be examined empirically, design a survey, and be aware of the benefits and limitations of quantitative research methods.

Angela MELVILLE Lecturer in Legal Regulation, School of Law, University of Manchester, UK, specialising in sociolegal research theories and methods, the provision of legal services, popular perceptions of law, family and child law, compensation law, process and politics of legal reform. BA Sociology and Psychology University of Tasmania, BSocSc and PhD in Sociology and Anthropology University of Newcastle, Australia. Publications on socio-legal topics, including family law, media, and wilderness photography.

Qualitative Socio-Legal Research The critical evaluation of the roles of law and the legal system in contemporary societies through the application of sociolegal theory and methods, and the variety of approaches and methods to conduct empirical research into the relationship between law and society. Students will critically examine various socio-legal research projects that have sought to examine the role of legal institutions in society. Topics include: Introduction to socio-legal research. Writing a research proposal. In-depth interviewing. Biography and personal narratives. Observation. Ethical research. Focus groups and conducting research with children. Evaluating qualitative research. Analysing qualitative data. Writing a research report.


Luigi COMINELLI

Arvind K. AGRAWAL

Assistant Professor of Sociology of Law at the University of Milano Statale, teaching Sociology of the Public Administration at the Insubria University of Como (Law School). J.D. (2000, cum laude) and Ph.D. (2004, Sociology of law) from the University of Milano Statale. He has been Visiting Fellow at the Program on Negotiation at Harvard Law School and at the University of Wollongong Law School (Australia). He has published one book and several articles and book chapters on ombudsmen, negotiation and dispute resolution.

Senior Professor and Head, Department of Sociology, University of Rajasthan, Jaipur (India). MA Sociology, Rajasthan (gold medal); M.Phil. Jawaharlal Nehru University, New Delhi; Ph.D. Heidelberg University, Germany. Visiting Professor Heidelberg 2005. Founder Convenor of the Adhoc Group on Sociology of Law of Indian Sociological Society.

Negotiation and Dispute Resolution Introduction: Pioneers in dispute resolution; Conflicts and Disputes; Theories of disputing; The classic approach: taxonomies on judges, arbitrators, mediators and administrators. Disputing Methods: Overview, Negotiation: Assumptions, Beliefs, Tactics; Mediation; transformative mediation vs. evaluative mediation; Arbitration and adjudication. ADR Movement: In the beginning was mediation; The adjudication era; Informal justice revived; ADR in civil matters; The Pound Conference and the multi-door courthouse; Victim-offender mediation; Neighbourhood Justice. Against Settlement: A critique of ADR: the risks of justice privatization; “Fitting the forum to the fuss”; When and why adjudication fails. The Multidisciplinary Approach to Dispute Resolution: Procedural justice studies; Sociobiology and evolutionary analysis: fairness, aggressiveness and cooperation; what we learn from games: “the prisoner’s dilemma”, “tit-for-tat”, the “ultimatum game” and others. Emerging Fields in Dispute Resolution: Online Dispute Resolution; Ombudsmen; Conflict Management Systems.

Theory of the Sociology of Law Introduction to the various ways in which the nature of law, legality, and legal behaviour have been interpreted by the mainstream theoretical approaches in socio-legal studies, placing these sociolegal debates on law in the larger context of methodological discussions in social science as a whole. Law is considered against the background of approaches to such questions as what social reality is, what we can learn about it, how society is organised, what role law plays in organising everyday life, and what the alternatives are to legal means of problemsolving. The course will familiarize the participants with the major ideas on law to be found in the classics of sociology and in contemporary thought. Topics include: Philosophy of social science and methodological frameworks for studying law. Theories of social order and their implications for understanding the nature of law. Classics of sociology on law. Positivism in social jurisprudence. Living law. Law without the state. Order without law. Legal consciousness and legitimacy. Legality and the meaning of the 'rule of law'. Understanding law and policy making.

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Igor FILIBI

Noé CORNAGO

Assistant professor of International Relations in the University of the Basque Country (UPV/EHU), PhD in Political Sciences and Sociology (UPV/EHU 2004). He has been a researcher in the EUROREG Project (funded by the European Commission), and director of an international research project on the transnational constitutionalism and its link with the emergence of a global civil society, involving the UPV/EHU and several Argentinian, Peruvian, Italian and Spanish universities. Publications include co-edited books La gobernanza global como desafío democrático: conceptos y perspectivas (2009), El constitucionalismo transnacional (2009).

Associate Professor of International Relations at the UPV/EHU, director of the Master´s in International Decentralized Cooperation: Peace and Development. He has widely published on diplomacy, multilateralism, development cooperation, and the international relations of constituent units. He has held diverse short visiting positions at Ohio State University and University of Idaho in United States; Université Laval in Quebec, Canada; Institute for Political Studies/Sciences Po Bordeaux in France; and the Free University of Colombia. He has promoted a number of decentralized partnerships with various UN institutions.

States, Markets, Societies and Global Governance Introduction: The spaces and times of global governance, States, markets and societies: what relationship?; Functional and normative dimensions; From global problems to global governance; Modes of global governance: international law, IOs, international regimes, and private norms. The global politics of norms: contending views: Global norms as a negotiated order: institutional liberalism; Global norms as power politics: structural realism; Global constitutionalism: cosmopolitan and communitarian views; Global political economy of regulation: critical perspectives; Global fragmentation and the differentiation of norms: systems theory; The bio-politics of global law: poststructuralist and feminist approaches. Problems of legitimacy of global governance: Global political order and the problem of legitimacy; Democratic participation and global society; Deliberative democracy at a global scale; the new global politics of recognition; Global governance and distributive justice; Global administration beyond normative concerns.

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Daniel BONILLA

David CAMPBELL

Associate Professor, Universidad de los Andes School of Law, Bogotá, Colombia. Law degree, Universidad de los Andes (1994), LL.M. (1998), and J.S.D. (2005), Yale Law School. Director of the Public Interest Law Group of Universidad de los Andes. Recent publications include Democracia Participativa, Justicia Colectiva y Medio Ambiente, and La Constitución Multicultural.

Professor, Durham University Law School UK. BSc (Econ) Cardiff University UK (1980), LLM, University of Michigan School of Law (1985), PhD University of Edinburgh (1985). Main recent books: The Implicit Dimensions of Contract (with H Collins and J Wightman, eds, 2003), Remedies in Contract and Tort (with D Harris and R Halson, 2002), and an edited collection of the works of Ian Macneil: IR Macneil, The Relational Theory of Contract (2001). Main current research interests: remedies for nonperformance of contractual obligations and in regulatory theory, and particularly in the development of a ‘non-Chicagoan’ law and economics of these subjects. Currently working on a book restating the relational theory of contract and a book on Coase’s critique of intervention.

The Multicultural Constitution The course will relate the work of contemporary political theorists on multiculturalism to the work of the Colombian Constitutional Court on intercultural relations, as well as to the recent constitutional processes that ended with the new Constitutions of Ecuador and Bolivia, as well as examples from other countries outside Latin America. Colombia’s constitutional norms on cultural diversity are among the most progressive in Latin America, so to study the Colombian case is to study the way in which many legal experts and politicians believe that Latin American cultural minorities should be accommodated. Similarly, to understand adequately the dynamics of multiculturalism in contemporary Latin America, we have to comprehend how intercultural relations are regulated in Ecuador’s and Bolivia’s new Political Charters. The course will evaluate if political theorists have adequately confronted the problem of radical difference, while the jurists have found a conceptually coherent framework within which to work out conflicting demands. It will use a critical analysis of political theory to derive a set of theoretical tools with which first to organize and appraise the Constitutions and judicial opinions, and then to point the way forward to a genuinely multicultural constitutionalism.

Law and the Economy Based on a close reading of Ronald Coase’s seminal article on ‘The Problem of Social Cost’, this course will evaluate, from a socio-legal perspective, the current state of the theory of regulation. The central concepts of welfare economics and regulatory law which are used to justify state intervention in the economy, such as the externality, the social cost and the public good, will be considered. The plausibility of ‘market-mimicking’ regulation which purports to avoid the shortcomings of welfare economics will also be considered. A socio-legal theory of the optimal relationship of ‘law’ and ‘economy’ will be proposed.

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Adam CZARNOTA

Joxerramon BENGOETXEA

Professor, School of Law, and Director, Center for the interdisciplinary Studies of Law, University of New South Wales. LL.M. (1976), Ph.D (1982) N. Copernicus University. Recurrent Visiting Professor, Akademia Kozminskiego, Warsaw, Poland (2004- ). Senior Fellow Contemporary Europe Research Center, The University of Melbourne (2005). Professor, Bialystok School of Public Administration (2005- ).

Professor of Law, University of the Basque Country. PhD, University of Edinburgh. Director of the network ELAP-The Economics of Lifelong Learning and Deputy Minister for Employment, Labour and Social Security at the Basque Autonomous Government. Publications include The Legal Reasoning of the European Court of Justice (1993), La Europa Peter Pan. El constitucionalismo europeo en la encrucijada (2005), and over 50 articles on issues of legal reasoning and legal theory, substantive EC law and constitutional law of the EU, the issue of regionalism in the EU, comparative law, political philosophy (theory of soverreignty, nationalism and European integration).

Transitional Justice and Rule of Law A critical analysis of the concept of transitional justice from socio-legal and public law point of view, including empirical institutional practices. Introduction: history of the concept and the practice of transitional justice. Constitutive elements of transitional justice especially from the point of view of social change. Postauthoritarian including post-colonial as well as post-communist types of transitional justice pattern and issues. Jurisprudential issues connected with transitional justice such as retroactivity of law, moral justification for amnesty, and quasi-judicial institutions as response to transitional justice. Relation between transitional justice practice and contemporary legal and social theories. Massive violations of human rights by authoritarian regimes and methods of dealing with such violations during and after the period of transition to a democratic regime, especially post-authoritarian and post-communist patterns. Different scenarios of “dealing with the past�: criminal prosecution before national or international tribunals or courts, the establishment of commissions of truth, and the granting of amnesty. The different types of political crimes and the responses by the criminal justice systems from a comparative perspective, involving case studies from Europe and elsewhere. 32

Comparative Legal Culture Introduction to basic notions about law, legal thinking, the legal order and its sources, the legal professions and legal cultures. Major debates in Comparative law: comparability, adaptation, transplants, influences, convergence, transitions. The concept of law, the idea of a legal culture. Tradition, culture, family. Major legal families in the world. Comparative law, pluralism and anthropology. Basque legal culture. Understanding a foreign legal culture. Elements of a legal culture. Social systems of order and regulation. How is order maintained in society and what influence does this have on the dominant legal culture? Varieties of legal culture. Presentation and discussion of our own legal cultures; each student will apply the notions discussed in the course to introduce the specific features of their own culture.


Terence HALLIDAY Co-Director, Center on Law and Globalization (American Bar Foundation and University of Illinois College of Law), Research Professor, American Bar Foundation, and Adjunct Professor of Sociology, Northwestern University. Most recent books: Bankrupt: Global Lawmaking and Systemic Financial Crisis (with Bruce Carruthers, 2009), Fighting For Political Freedom (edited with Lucien Karpik and Malcolm Feeley, 2007). Focuses on global lawmaking, currently involved in three major research projects: a book with Susan Block-Lieb on global lawmaking, with particular reference to the United Nations Commission on International Trade Law; editing a book with Malcolm Feeley and Lucien Karpik on the legal complex and political liberalism in post-colonial societies; and directing a long-term research program on political liberalism in China, jointly with Sida Liu, funded by the National Science Foundation.

Global Law Making In the last two decades an enormous volume and variety of global lawmaking has been produced by transnational courts, quasilegislatures and regulatory bodies. The law created by these institutions opens up broad new terrains of international law and affects virtually every area of domestic law. This enterprise of global law production also brings together lawyers, legal practitioners, and social scientists in a mutual effort to understand what is happening and how it affects law, politics and society. This course offers an intensive introduction to global lawmaking from an inter-disciplinary perspective. It will consider explanations of global lawmaking and local practices in five diverse areas of lawmaking: trade law (especially UNCITRAL and the WTO); human rights (especially violence against women in war), environmental regulation

(especially climate change and forest regulation), weapons accords (especially landmine regulation), and health (especially HIV/AIDS treatment regimes).

Letizia MANCINI Associate Professor in Sociology of Law and Legal Anthropology, Università di Milano. Law degree Università di Bologna with a thesis in Sociology of Law; MA Sociology of Law IISL, PhD Sociology of Law Università di Macerata. Main interests: legal pluralism and legal cultures in multicultural setting, human rights between universalism and relativism and anthropological studies of unofficial law, including field research regarding specific groups of minorities in European societies (gypsies, Muslims and Chinese). Publications include: Immigrazione musulmana e cultura giuridica. Osservazioni empiriche su due comunità di egiziani (1998), Società multiculturale e diritto. Dinamiche sociali e riconoscimento giuridico (2000).

Law and Anthropology Relationship between culture and law, legal pluralism, legal culture and human rights, considered through the study of anthropological theories and of their empirical implications in multicultural societies. Topics include The concept of law in modern legal anthropology, the methodology of anthropology of law, the relationship between culture and law, the different visions of human rights in the world, the concept of legal pluralism, state law and legal pluralism, particularly in multicultural societies, identity and rights in multicultural societies. 33


Lucia BELLUCCI Senior Lecturer in Sociology of Law and Legal Anthropology, Università degli Studi di Milano, Law School. Law degree Università Bocconi-SDA (1998), PhD Sociology of Law (Milano), PhD Law (Paris 1-Panthéon Sorbonne, 2004). Research interests: Media Law (European, international and comparative), Law and Anthropology. Publications include: Droit, cinéma et société : enjeux européens et internationaux (chapter, forthcoming); La technique promotionnelle et les aides d'état à la production cinématographique en droit italien et français, à la lumière de la construction européenne (2003).

Cultural Expressions, state aid for cinematographic and other audiovisual works, media concentration as a threat to cultural pluralism and freedom of expression, including discussions of empirical research and case studies.

Antonio AZUELA Law Degree with Honors Universidad Iberoamericana (1975) thesis: Proceso de Urbanización y Derecho Urbanístico; LLM School of Law - University of Warwick, UK, research thesis: Towards a Sociology of the Law of Urban Property; PhD. Sociology Universidad Nacional Autónoma de México (2004) dissertation Visionarios y pragmáticos. Sobre la juridificación de la cuestión ambiental.

International and European Media Regulation

Territory and Sustainability; a socio-legal perspective

Critical approach to international and European media regulation, exploring the social, political, cultural, and economic contexts, underlying conflicts, and the main forms of dispute resolution, focusing mainly on cinema and television. Emergence of international media regulation within the framework of the World Trade Organization (WTO), including relationship of emerging economies of some Asian and American countries. Topics include: cinema and television as “litigious lovers”, the challenges of technological developments in the digital age, international negotiations on audiovisual services, cultural diversity and the Convention on the Protection and Promotion of the Diversity of

The challenge to legal institutions such as sovereignty, property, and planning with the emergence of environmental and urban issues. Relevance of different academic traditions for the understanding of specific issues in the larger agenda of law, society and the environment. Topics include: planning and the Weberian tradition; the nomos of the earth and constitutionalism; the regulation of land use and different theories of property (from ‘social-function’ theories to newinstitutional approaches on natural resources); the risk society and the Durkheimian tradition; urban social processes and the “law and geography” movement; expropriations and globalization theories; homeownership and gender studies.

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JUSTIZIA ETA HERRI ADMINISTRAZIO SAILA DEPARTAMENTO DE JUSTICIA Y ADMINISTRACIÓN PÚBLICA

IISL Master Handbook 2010-2011  

Information about the 2010-2011 Programme of the International Master's in Sociology of Law at the Oñati Institute.

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