SOCIO-LEGAL M.A. AT THE OÑATI INSTITUTE

26th INTERNATIONAL MASTER’S PROGRAMME IN SOCIOLOGY OF LAW

2015/2016 PROGRAMME

Director: Adam Czarnota Coordinator: Susana Arrese Murguzur

University of the Basque Country representative: Joxerramon Bengoetxea

Oñati, December 2014

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TABLE OF CONTENTS

THE INTERNATIONAL INSTITUTE FOR T H E SOCIOLOGY OF LAW 5

ABOUT OÑATI 6

THE INTERNATIONAL MASTER’S PROGRAMME IN THE SOCIOLOGY OF LAW 9

INTRODUCTION 11

ORGANIZATION AND EXAMINATION RULES 16

THE RESIDENCE 21

CONTENT OF THE COURSES, TEACHING STAFF 2015-2016 27

CALENDAR 29

TEACHING STAFF AND COURSES 31

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T THE INTERNATIONAL INSTITUTE FOR T H E SOCIOLOGY OF LAW

The International Institute for the Sociology of Law (IISJ) was founded in 1988 by the Basque Government and the International Sociological Association’s Research Committee on the Sociology of Law. The IISJ has now become the home

of the international sociology of law community. The Institute is located in the old University of Oñati 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. A short walk from

the University, the Palacio Antia provides accommodation for students and visitors. The residence is an elegant renovated 18th century building. The IISJ runs an international masters programme in sociology of law. It also hosts workshops and congresses, provides research grants, facilitates the World Consortium of Law and Society Associations, produces several important publications, and the library is now recognised as having the best socio-legal collection in the world. 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, facebook and twitter.

Antigua Universidad. Cloister.

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O ABOUT OÑATI

ñati, a medieval town in the heart of the Basque Country with nearly 11,000 residents, is situated in a beautiful valley surrounded by mountains and forests. It belongs to Gipuzkoa, one of the three provinces

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. The altitude is 236 m above sea-level. The Paris-Madrid railway line passes through Zumarraga, 15 km away. The climate is Atlantic, mild in spring and

autumn. In summer, the average temperature ranges from 18 to 28 degrees celsius, and the nights are cool. There can be some snow in winter, and the highest of the mountains which surround the town (Aloña, 1232m) can be covered in snow for several months. The average temperatures in winter range between 4 and 12 degrees celsius. The countryside around Oñati is beautiful, and has a number of features of cultural significance, such as the Oñati-Arrikrutz Karst, the Arantzazu Sanctuary, the mountain pastures of Urbia which lie at the heart of the Aizkorri-Aratz National Park.

Urbia in the Aizkorri-Aratz National Park.

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The 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, and the Town Hall. San Miguel Parish Church. Cloister.

Visitors to the IISJ also have the opportunity to participate in traditional Basque culture. We encourage students to arrive early for the Masters programme in order to experience the San Miguel festival. The festival involves four days of activities, including a tamborrada, dancing, concerts, pelota, strength competitions, cider tasting, and a traditional farmers and artesan market. Other festivals include the famous Corpus Christi Festival held in early June. There are also courses available for learning Spanish and Euskara, the Basque language. Further information on the town can be found at: http://www.oinati.org.

Antigua Universidad.

THE INTERNATIONAL MASTER’S PROGRAMME

IN THE SOCIOLOGY OF LAW

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O INTRODUCTION

BJECTIVES The goal of the programme is to expose students from different academic backgrounds and countries to the most important theories on sociology of law,

contemporary debates, help them learn how to design and conduct original research on socio-legal topics, and provide them with the experience of actually carrying out a research project. The Master’s degree (60 ECTS) is awarded as an official Master of Arts degree of the University of the Basque Country .

The programme has two major components: intensive coursework units taught by visiting professors who are leading specialists on each topic (40 ECTS credits), and an individual research project under the tutorship of a specialist in socio-legal studies culminating in the writing of a dissertation (Master’s thesis) (20 ECTS credits). It 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 course also prepares students for independent research.

2014-2015 programme students with Prof. Joxerramon Bengoetxea and Heike Jung.

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H LISTORY The 2015-2016 academic year will be the twenty-sixth of the Master’s Programme.

The 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 MA awarded is formally a degree of the University of the Basque Country.

More than one hundred specialists in socio-legal studies have been members of the teaching staff. More than three 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. You can check the titles of previous Master’s thesis on our website, at “Former students of the Master's Programme.” The best Master’s theses each year are invited to be submitted to the Oñati Socio-Legal Series.

2014-2015 Students with Prof. Maggie Walter.

ENGTH AND STRUCTURE OF THE PROGRAMME The Master’s degree is a one year programme. Coursework units take place in Oñati during

the six-month period from the last week of September to the last week of March. Teaching is in English. From April to October students research, write and defend their dissertation under guidance from a supervisor. The supervisor may be picked from among the teachers of the Master’s programme, or may be another specialist in the topic, subject to the approval of the Director. From April-September students have the option of staying in Oñati, visiting another university, or returning to their home university. Although dissertations are normally written in English, other languages may be considered. A Master’s degree will be awarded to students who have obtained a passing grade in all the courses given during the academic year and who present and successfully defend their dissertation. 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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A D DVANTAGES AND FUTURE OPPORTUNITIES The Institute provides outstanding facilities and support for postgraduate socio-legal study which are

unique in the world. A small and select group of students, from varied geographical & disciplinary backgrounds, study in a wonderful setting with leading experts in the field. The students come from all over the world: in 2014-15 the 15 students came from 10 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 socio-legal studies, 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 also helps in the development of the dissertation, and provides continuity and further individual advice and supervision. By producing a Master’s dissertation, 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 well-grounded paper. Thus the master’s programme provides candidates with highly valuable training, helpful in any future research career, whether as an academic, professional, policy-maker or activist.

OCTORAL STUDIES University of the Basque Country The University of the Basque Country offers a Doctoral Programme (research itinerary) in Sociology of Law. A

student who has obtained the official Master’s at the Oñati Institute with an average grade 8/10 or higher can register directly in the Programme as a doctoral candidate of the University of the Basque Country. The MA also provides an excellent preparation for a Doctoral programme in a student’s home country, or anywhere in the world. The taught courses provide a firm grounding both of skills and contacts within the socio-legal community, and the dissertation often provides the basis for further topics to be researched at the Doctoral level.

Law students from the UPV/EHU visiting the IISL Library

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S A CHOLARSHIPS/ FELLOWSHIPS The IISL is able to make a limited number of grants to support students who would otherwise not be able to

afford to attend the Master’s programme. Grants can cover part or all of the tuition fees and the cost of a shared room in the Institute’s Residence. Grants include the Renato Treves Scholarships, the Neelan Tiruchelvam Fellowships, and a scholarship for local candidates provided by the Oñati Town Hall. An applicant who believes that they qualify for a grant should describe in detail their personal and family financial circumstances and efforts that they have made to secure financial assistance. Tiruchelvam grants are awarded to students from countries in category C as defined by the International Sociological Association (http://www.ucm.es/info/isa/table_c.htm) Renato Treves grants go to any student who can demonstrate need. Renato Treves may cover half the tuition fees and/or some of the cost of a shared room in the Institute’s Hall of Residence. Please note that even if you receive a grant you still will need some financial resources of your own. The course is a full-time one, and it is not possible to do paid work during the programme to help finance the costs. The Institute cannot accept any responsibility for students who begin the course with insufficient resources.

PPLICATION PROCEDURES Admision requirements Candidates must have a good 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 both written and spoken. 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. Further, applicants must send two references written by their previous university teachers or other scholars. If the application is accepted, it will be necessary to send an officially legalized copy of the first degree diploma and its translation into Spanish by an official translator. Further information on what is required will be supplied. Master’s Committee also select applications for admission to the Masters programme. 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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Master’s students and Friendship programme participants at the welcome meeting

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 / Apdo. 28 20560 OÑATI / Gipuzkoa / Spain / T: +34 943 783 064−F: +34 943 783 147 E: susana@iisj.es - W: http://www.iisj.es The total tuition fee for the 2015/16 Master's Programme is €3,000. 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 Oñati (Gipuzkoa) Spain

The remaining €2,700 should be paid into the same 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. The tuition fee for participation in single courses is €300.

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O RGANIZATION AND EXAMINATION RULES 2015-2016 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 in every component in order to be awarded the degree. 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. A candidate may retake a Failed component of the programme the following year, unless they are excluded from the programme by a decision of the competent authority, however they must pay the fees for the component to be retaken. 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 part of the programme consists of 12 different two-week courses with a total of 36 ECTS credits, plus the Thesis Seminar which counts for 4 credits. One ECTS credit is considered equivalent to 25 hours of coursework including supervisions, seminars, readings, discussions and preparation of papers and exams. Coursework units are usually taught between 09.00 and 11.00 each day, but this may vary. Absences and late submission Students are expected to attend all classes, submit coursework and participate in all courses. Students are also expected to attend classes on time, and course teachers are entitled to impose a penalty for persistent late

attendance. Any absence for any reason must be explained to the course teacher and the Scientific Director, preferably in advance (e.g. by email). A course teacher can penalise, including giving a Fail grade, any student who fails to attend or participate in a course. Students will be required to explain extended absences to the Scientific Director, and to provide evidence as to the reason for their absence (e.g. a medical certificate). Assessments for each coursework unit is due on the Saturday immediately following the conclusion of the course at 18:00 pm. Late submission may be penalised by the course teacher. Students who are absence from class or fail to submit assessment for good reason (e.g. illness) may be able to submit an alternative piece of assessment with the agreement of the course teacher and Scientific Director. 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 coursework component 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 may ask for a certificate for those courses that they have successfully passed and those ECTS they have accumulated.

Mariana Kiefer Kruchin thesis defense by tele-conference.

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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. The Master Committee of the IISL will analyse these evaluations and recommend appropriate improvements. Misbehaviour The Scientific Director deals with cases of students’ misbehaviour that occur outside the classroom and serious misbehaviour in class. They can decide on an appropriate sanction. In severe cases this may require a student to move out of the Residence or expelling the student from the Masters’ programme. Research Ethics Research for the Master Thesis must comply with the ISA Code of Ethics (http://www.isa-sociology.org/about/isa_code_of_ethics.htm). Consideration of ethical issues must be included in the Thesis Proposal, and where relevant, should be discussed within the final version of the Masters Thesis. Good Academic Practice and Plagiarism 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. Failure to cite sources correctly may be treated as plagiarism (passing off the work of another as one´s own). Sanctions for poor academic practice or plagiarism include deduction of marks, failing the course, or expulsion from the programme. A teacher or examiner who identifies or suspects poor 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 Seminar Students are required to attend a weekly seminar intended 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. The Masters Thesis Seminar will usually be conducted on a Wednesday afternoon, and counts for 4 credit. Students will be required to submit a 5000 word essay. The longer essay will allow students to more fully develop a research topic, and it will be important preparation for the Master’s Thesis. Each student will also present to the Scientific Director a provisional title and a short outline for their thesis. Students will then be required to give a presentation of their proposed research for their thesis. Finally, students need to hand in a written proposal at the end of the coursework programme. The proposal will include the thesis’ aim, background, proposed methodology and methods, discussion of any ethical issues, and the proposed timetable. The proposal is also sent to the student’s supervisor. Master´s Thesis Once approved, the main responsibility for advice to the student on the thesis passes to the supervisor. With the help and 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. The person nominated must confirm in writing to the Institute their willingness and availability to supervise. Students should keep in contact with the supervisor during the whole period of research and writing. 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 they should

explain the reasons to the supervisor. Students must also send two progress reports

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both to their supervisor and the Scientific Director: one at the end of June, and the other at the end of July. The student must send the supervisor a final draft of the whole thesis no later than 30th August 2016; 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 is a maximum of 15,000 words, including substantial text in 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. Penalties may be applied for exceeding the word limit. The thesis should normally be written in English. The use of other languages may be approved by the Scientific Director if supervision and examination can be arranged. The thesis should be typed, must include a full alphabetical list of all references. The final version of the thesis must be submitted to the Institute no later than 08:30 on 12th September 2016. 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 of Master´s Theses An external examiner is appointed to each thesis, and it is possible for examiners to mark more than one thesis. In order to maintain consistency, the Scientific Director usually examines every thesis. The examination process is in two stages:

1. Each examiner evaluates the thesis, gives

comments, and sets questions for the student to address in a defence. A provisional grade is given, although this will not be sent to the student. The examiner’s comments 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 18th September.

2. The student then has the opportunity to defend the thesis. The defence is usually done in writing, although an oral defence can be requested. The defence should answer the specific questions posed, and not simply restate the arguments. The written defence 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. After reading the defence, the examiners assign a definitive grade. The provisional grade may be raised but not reduced as a result of reading the written defence.

Students who wish to do an oral defence. If the request for an oral defence must make a specific request before 1st May 2016. It may not be possible to arrange an oral defence if the request is made after this date. The oral defence may be by teleconference. Arrangements for an oral defence will be made individually with the student, but must take place at the latest by 26th 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 examiners should try to agree a joint grade, or the average of the two may be awarded. In the case of a significant divergence, the supervisor’s may be taken into account, and/or the thesis may be sent to a third person for examination.

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The thesis is evaluated on the following criterion: Choice of Topic and Approach: How appropriate is the topic for a sociology of law programme? Were the methodological and theoretical approaches appropriate? Scholarly Techniques: Are the structure and expression effective and appropriate? Does the thesis read well? Does the thesis deploy an appropriate range of both primary and secondary sources? Are the sources properly cited and referenced? If the thesis presents an original piece of empirical work, how well is this organised and presented? Substance: Are the arguments and analyses

put forward cogent and convincing? Do they take account of the main relevant work on the chosen topic, and show a good grasp of them? Does the thesis advance an effective critique of existing work or an alternative perspective? IISL Grading Scheme Grades for courses and the Master’s Theses are given a numerical mark out of 10. The grading bands are illustrated in the table below. While we do not apply a grading curve, there is a broad expectation that grades will fall within the following range: top 10% (A), next 25% (B), next 30% (C), next 25% (D).

Numerical grade IISJ description Criteria ECTS

equivalent

9.6-10 Eximia cum laude Excellent, outstanding, of publishable quality A top 10%

8.6-9.5 Magna cum laude Very Good, only minor limitations or errors B next 25%

7-8.5 Cum laude Good, above average standard, some limitations or errors C next 30%

5-6.9 Approbatur Satisfactory, generally sound, a number of limitations or errors D next 25%

0-4.9 Fail Inadequate research, significant limitations and errors Fail

Important dates for the thesis

January 26th 2016 Provisional thesis title and short outline (1000 words)

April 13 2016 Research proposal (2000 words)

May 15th 2016 First progress report

June 28th 2016 Second progress report

August 30th 2016 Final draft sent to supervisor

September 12th 2016 Final version of the thesis

September 26th 2016 Last date for thesis defence

THE RESIDENCE OF

THE INTERNATIONAL INSTITUTE FOR THE SOCIOLOGY OF LAW

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S THE RESIDENCE

tudents are generally lodged in the IISL Residencia Antia in Oñati. The Residence was generously made available by the town of Oñati for our use. It is a historic building dating from the 18th Century, so

it is very important that we take good care of it. There is no porter, so residents must take some responsibility for security and dealing with service emergencies. Also, since residents must live there all together, they need to agree to and respect some basic norms. The Residence has 22 ensuite rooms, as well as a TV room, computer room, communal kitchen, dining and other rooms, and washing and drying facilities. Staying in the Residence is subject to payment, including a deposit, and compliance with the house rules. As the Residence does not have a receptionist, you will be provided with a code to enter the building. In the lobby you will find a folder with your name. The folder contains your room key, the Master’s programme, as well as information about Oñati. Payment Students can opt to have a single or to share a room. In circumstances where a student paying for a shared room, the Institute can organise two students to occupy the room. Students cannot occupy a single room unless they have paid the single room rate. The price* per person in a single room is 417 euros per month and the price per person sharing a double room is 248 euros per month.

Price for the stay in

September and in April (for Master’s Students)*

Per day Per week

Single Room 21 € 105 €

Shared Room / per person 14 € 73 €

* These prices may change in 2015. From October to March, those staying at the Residence will pay the whole month. Those students who want to stay at the Residence for some days after the end of the programme (23rd March 2016) in order to work at the library should inform the Administration before the March 1st. Room bills must be paid by the fifth of each month. If payment is not made on time, the Institute will assume that the room is no longer desired and the occupant will be expected to move out immediately. Payment should be made at the IISL Administration. Residence charges cover the provision of sheets, blankets, pillows and towels, which are changed and the bedroom cleaned once a week. On that day rooms must be vacated and tidy before 10:00 a.m. Deposit At the beginning of the academic year, each student will have to pay one month’s rent as a deposit (even those who have received grants). Some or all of this deposit may be withheld at the end of the student’s stay to cover damage or breakages, or additional cleaning costs. Please note, that it is therefore not possible to count the deposit against the rent of the last month.

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Security Please ensure all outside doors are closed unless they are in use. This includes the doors from the dining room to the balcony, which must be locked at night. There have been break-ins in the past through these doors. Additional visitors Occupants who have rooms to themselves may wish to share the room with someone who is not a IISJ student. They should inform the administration at least one week beforehand. They need to fill in a form, and the amount to be paid by the visitor will be decided by the administration office. Visitors must be approved, and they must also pay for the use of the Residence. Visitors will stay in the rooms designated by the administration. Students will remain in the same rooms they had occupied before the arrival of the visitors. Other common rooms All rooms may be used for work, leisure and receiving visitors. Since the Residence belongs to the City Council, residents are asked to keep it in good condition at all times. Please: − do not leave your books, glasses or

other belongings strewn around in the common rooms;

− only eat in the dining room. Cleanliness is extremely important for the upkeep of the Residence and for your own wellbeing;

− do not place hot or wet utensils, cups or glasses directly on woodwork.

The Residence also has washing machines for you to do your laundry. Please keep it tidy, for instance, recycle used detergent boxes. Noise can be a problem in the Residence, especially at night; as it travels easily especially through the floors. Any noisy activities, e.g. playing pool, should cease at 11:00 p.m. Late night parties should only be organised with the agreement of other residents.

Central heating The central heating is switched on as soon as the weather starts to get cold. There are no thermostats, so comfortable temperatures in the common areas and bedrooms depend on turning radiators down or off. The attic is not heated in winter for security reasons, but is usually warm from the general house heating. Kitchen No meals are provided, but residents can use the shared kitchen, including refrigerators. Several restaurants offer a 3 course menu in the middle of the day for about 11€ (evening meals are more expensive), and several bars/cafés have snacks (pintxos). Students also have access to the student restaurant in the Business School of the Mondragon University, which is 200 m from the IISL and is open during the day. The kitchen should be cleaned after each time it is used. Garbage should be recycled in the bins provided in the streets. We suggest that the class organise a weekly timetable for cleaning the kitchen, taking out the garbage, and possibly cooking. Environment, energy and safety Please switch off lights in rooms which are not in use, i.e. bedrooms, common rooms, toilets. Some of the lights are linked to exhaust systems, which break down if left on for long periods. No smoking is allowed in the Residence.

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There are smoke alarms which will trigger a fire alarm if smoke is detected. The control panel for the fire alarm is in the small room by the downstairs corridor (on the right with your back to the main door). The hot water and central heating system boilers are located on the ground floor. A minimum of two residents should volunteer to learn how these systems can be restarted in case they go out.

Maintenance problems If you have any maintenance problems, please contact the Administrative Director, José Antonio Goyenaga during office hours or complete the pink sheet you will find in your room.

The Palacio Antia, Residence of the IISL.

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CONTENT OF THE COURSES, TEACHING STAFF

2015-2016

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CALENDAR ECTS TITLE OF THE COURSE

21-25 Sept. 2015 Rhetoric, Communication, Negotiation Ulrike Schultz – Fern Universität

28 Sep.-9 Oct. 2015 3 Comparative Legal Culture Joxerramon Bengoetxea, University of the Basque Country

12-23 Oct. 2015 3 Social Research Theory and Practice Works Maggie Walter, University of Tasmania

26 Oct.-6 Nov. 2015 3 Globalisation, State and Citizenship: reflections on the migrants as activist Iker Barbero, University of the Basque Country

9-20 Nov. 2015 3 Transitional Constitutionalism, with special emphasis of Central and Eastern Europe after the fall of communism Wojciech Sadurski, Sydney University

23 Nov.-4 Dec. 2015 3 Law and Anthropology Martin Ramstedt, Max Plank Institute for Social Anthropology

7-18 Dec. 2015 3 Law and the Legal Subject Arthur Glass, The University of New South Wales

4-15 Jan. 2016 3 Globalisation, Crime and Justice Susanne Karstedt, Griffith University

18-29 Jan. 2016 3 How Much of Democracy within Democracy: Formal and Informal Sources of Power Andrzej Zybertowicz, Nicolaus Copernicus University

1-12 Feb. 2016 3 Access to Justice and Legal Aid: socio-legal aspects Bernard Hubeau, University of Antwerp

15-26 Feb. 2016 3

Sociology of Law and the Economy Sol Picciotto – Lancaster University Iagê Z. Miola – CEBRAP, Brazil David Monciardini – Free University of Bozen –Bolzano

29 Feb.-11 Mar. 2016 3 Law, Obedience, Disobedience: Socio-Legal Perspectives Scott Veitch, Hong Kong University

14-23 Mar. 2016 3 A Sociology of Constitutionalism Jiří Přibáň, Cardiff University

Oct. 2015-Mar. 2016 4 Thesis Seminar & Tutorials Oñati IISL Scientific Director and Visiting Fellows

April-September 2016 20 Research Project & Master´s Thesis

TOTAL CREDITS 60

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TEACHING STAFF AND COURSESUlrike SCHULTZ

Ulrike Schultz, qualified as a lawyer, is a Senior Academic at FernUniversität in Hagen, Germany (the German distance-teaching university). Former Head of the Law Faculty's

Teaching and Learning Unit specialised in media work; teaching gender and law at the law faculty; communication trainer for lawyers and the judiciary. She has set up and organised several further education programmes, such as Law Related Education, Women and Law, Legal Skills Training, and Virtual International Gender Studies. Board member of the German Sektion für Rechtssoziologie, of the RCSL and of the IISL in Onati. Chair of the RCSL Working Group on Legal Professions. Head of the "Women/Gender in the Legal Profession" Group. Member of the International Advisory Board of the International Journal of the Legal Profession, co-editor of the German Handbook for Equal Opportunities Work, editor of (hand-)books on Women and Law, Images of Women, Women and the Demographic Change, Women´s Rights in Europe, Women in the World´s Legal Professions, Gender and Judging (together with Gisela Shaw) etc.

Rhetoric, Communication, Negotiation The design of the course is to give students practical experience in rhetoric, self presentation, communication including negotiation and mediation. The course offers findings from communication theory, communication psychology, (personnel) management studies and sociology of law.

Aims of the course This course does not contribute to the overall assessment of the Masters programme. Nevertheless, it is an important component of the programme.

The aims are: - to get acquainted right from the beginning of

the master course - to learn about self perception, social

perception and perception of the other - to enhance presentation skills - to get an insight into the basic principles of

communication drawing on various theoretical concepts,

- to train communication skills - to learn and practice techniques of

negotiation - to try out counselling skills and conversation

techniques needed in mediation The course will also make students reflect about difficulties - strongholds, problems – advantages of different methods of conflict solution.

Joxerramon BENGOETXEA Joxerramon Bengoetxea currently coordinates the ehuGune program on interactions between civil society and university. He coordinates the PhD program in Sociology of Law (UPV/EHU) and teaches in two other official

masters of the UPV/EHU: on the law and economy of the EU and on nationalism in the XXI Century. He has been visiting professor at Stanford and Helsinki and teaches Constitutional Law at Bordeaux-Montesquieu. PhD, University of Edinburgh He has been Scientific Director of the Oñati Institute (2005-07), Director of the network ELAP-The Economics of Lifelong Learning (2004-05); Legal Secretary at the European Court of Justice (1993-1998 and 2002-2003), and

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Deputy Minister for Employment, Labour and Social Security at the Basque Autonomous Government (1998-2001). Publications include The Legal Reasoning of the European Court of Justice (1993), Zuzenbideaz Teoria Kritiko Trinkoa (1993), La Europa Peter Pan. El constitucionalismo europeo en la encrucijada (2005), he has coedited three issues of the OSLS, and published over 150 articles or book chapters on issues of legal reasoning and legal theory, substantive EC law and constitutional law of the EU, the issue of regionalism and governance in the EU, comparative law, legal pluralism, multiculturalism and legal culture, political philosophy (theory of soverreignty, nationalism and European integration).

Comparative Legal Culture The purpose of this course is to introduce basic notions about law, legal thinking, the legal order and its sources, the legal professions and legal cultures. Some of the major debates in Comparative law will be dealt with - comparability, adaptation, transplants, influences, convergence, transitions. At the end of the intensive, one-week course each student should be able to make a presentation about their own legal culture. 1. Introduction: legal culture, legal positivism

and the state 2. The issue of Pluralism and Law; and

Pluralism in Law 3. Multiculturalism and Law 4. Diffusion of Law: diffusion, transplants,

comparative law 5. Transnational Law and legal cultures 6. Rights and Legal Culture 7. The Judiciary and Judicial decision-

making: an intercultural comparison 8. The cultures of control and risk 9. Europe and the EU as a laboratory for

comparative legal cultures

Maggie WALTER Maggie Walter (PHD) is an Associate Professor in the School of Sociology and Social Work at the University of Tasmania, Australia, where she teaches and researches in the areas of social research methods, family,

indigeneity and race relations. Her books include the best selling Australian text; Social Research Methods (Ed. 2006:2010) and Social Inequality in Australia: Discourses, Realities and Futures (co-authored with D. Habibis, 2008). Maggie, a descendant of the trawlwoolway people of north-eastern Tasmania, also teaches and writes on methodologies, annually co-convening (with A. Moreton-Robinson) a Masterclass on Indigenous Research Methodologies. Her socio-legal related research includes a study gauging the effectiveness of juries in combating public misconceptions of crime rates and a study of workers' compensation claimants' interaction with workplace injury legislation.

Social Research Theory and Practice Works Socio-legal research gathers, analyses and interprets data relating to the law and legal systems. To teach you how socio-legal research can be, and is, deployed, this course contains two modules. The first covers the basic of social research (of which socio-legal research is a subset) and provides you with key skills for understanding, critically evaluating, interpreting, designing, and developing rigorous and ethical research practice. The second module teaches you how to select and apply a range of contemporary qualitative skills and research methods within your own research. These include: qualitative sampling; the interviewing process; in-depth and narrative interviewing; focus groups: content analysis; Indigenous methodologies; ethnographic research; and qualitative analysis and result presentation. Both modules use case

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studies to contextualise and provide examples of how socio-legal research operates in the field and demonstrate the many different method and methodological options available for conducting valid qualitative socio-legal research.

Iker BARBERO After my MA at the International Institute for the Sociology of Law (2003/2004) I completed a PhD in Law at the University of the Basque Country (March 2010). My thesis, titled Towards new models of

citizenship: a socio-legal analysis of the Sinpapeles movement, looked at the struggles of undocumented immigrants that took place in Barcelona in 2001, and its implications. The use of alternative citizenship practices made the sinpapeles (sans papiers) become subjects of legality. I won a Postdoctoral grant (2010-2013), given by the Basque Foundation for Science IKERBASQUE, to join Oecumene Project at the CCIG. At the present time I am full-time lecturer in graduate and postgraduate studies at the Faculties of Law, Economics and Social Sciences of the University of the Basque Country (UPV-EHU). Since 2007, I have been editor of Sortuz, the Journal of Emergent Socio-legal Studies.

Globalisation, State and Citizenship: reflections on the migrants as activist The neoliberal globalization is transforming political and legal concepts such as the state, sovereignty, territory, or national citizenship law. Phenomena such as migrations are influenced by these changes, since they arise supra-state regulatory projects seeking the creation of a global workforce by selective control of the movement of people. In opposition to this trend, migrants sent to the margins of the system burst into the public space, as a new subject of juridical claiming

fundamental rights due to them. Through the case study of the sit-ins in churches, hunger strikes and demonstrations, such as those used in Barcelona in 2001, we will try to understand the legal nature of those alternative practices that claim other models of citizenship

Wojciech SADURSKI Wojciech Sadurski is Challis Professor in

Jurisprudence at Sydney Law school, University of Sydney. He also holds a position of Professor in the Centre for Europe in the University of Warsaw, and was visiting professor (in 2010, 2011 and 2012) at the University of

Trento, Italy and in Cardozo Law School in New York. In 2013/2014 he was Straus Fellow and Global Visiting Professor of Law at New York University Law School, and in spring term 2015, a Visiting Professor at Yale Law School. He was Professor of Legal Theory and Philosophy of Law in the Department of Law, European University Institute in Florence (1999-2009), and served as Head of Department of Law at the EUI in 2003-2006. Fellow of the Academy of the Social Sciences in Australia (elected in 1990), Wojciech Sadurski is member of a number of supervisory or program boards, including the Institute of Public Affairs (Poland), Freedom of Press Observatory (Poland) and the Centre for International Affairs (Poland), and also of editorial boards, including the European Law Journal, Politics, Philosophy and Economics, and Law and Philosophy Library (Springer Scientific). Since 2011, Chairman of the Academic Advisory Board of the Community of Democracies. In 2013, he initiated and has been leading the Myanmar Constitutional Reform Project. He has written extensively on philosophy of law, political philosophy and comparative constitutional law. His most recent books include Constitutionalism and the Enlargement of Europe (OUP 2012), Equality and Legitimacy (OUP), and also Rights before Courts: A Study of Constitutional Courts in

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Postcommunist States of Central and Eastern Europe (Springer 2014, 2nd ed.). His full vita and list of publications are available at http://sydney.edu.au/law/about/people/profiles/wojciech.sadurski.php

Transitional Constitutionalism, with special emphasis of Central and Eastern Europe after the fall of communism After the fall of Communism in Europe in 1989, Central and Eastern Europe (CEE) has been the stage on which one of the largest constitutional experimentations in history has been played out: it seemed that everything fell within the constitutional domain, and the region became a fascinating constitutional laboratory. In fact, “experimentation” was surprisingly limited: path dependence was very important and emulation of the foreign models was dominant. However, which models became most influential, and which constitutional patterns were selected, are in themselves enormously important issues, and will constitute the main focus of this course. The course will analyze the phenomenon on “transitional constitutionalism” in the region, against the background of a broader “transitional constitutionalism” worldwide (including in South Africa or East Asia), and also in comparison (when relevant) with “consolidated” (or “non-transitional”) constitutionalism. The course considers: (1) characteristics of “transitional constitutionalism” in general (focusing on both aspects of the term: “transition” and “constitutionalism”), (2) the model of constitutional review and the design of constitutional courts and their modes of operation, methods of reasoning, selection of judges and significance of decisions (with a special emphasis on an allegedly extraordinary role of constitutional courts in transitional phenomena); (3) personal, civil and political rights in transitional constitutions and in the judgments of constitutional courts, with special emphasis on right to life and dignity, freedom of speech and religion, and the right to privacy; (4)

typically “transitional” constitutional measures regarding various methods of “dealing with the past” (“lustration”, “decommunization”); (5) socio-economic rights, equality rights, and minority rights; and (6) Europeanization of constitutional law in CEE, discussed in two dimensions: in the relationship of national laws with the European Convention of Human Rights system, and in the relationship with the European Union.

Martin RAMSTEDT Dr. Ramstedt is senior researcher at the Department of Law and Anthropology, at the Max Planck Institute (MPI) for Social Anthropology, in Halle/Saale, Germany. Prior to this engagement, he worked as European

Science Foundation research fellow at the International Institute for Asian Studies in Leiden, the Netherlands, as researcher at the Meertens Institute, the Royal Netherlands Academy of Science institute for Dutch ethnology in Amsterdam, and as senior researcher in the Project Group “Legal Pluralism” at the MPI in Halle. Hehas taught on different aspects of the interplay between religio-ethnic identity politics and legal pluralism in a globalizing world as guest lecturer at the universities of Münster, Leiden, Nijmegen, Amsterdam, Halle and London. His research interests cover the following inter-related topics: religio-ethnic identity politics and multiple citizenship, local ramifications of the indigenous peoples movement, collective ownership and the juridification of heritage, state recognition of religion and ethnicity and the increase of legal pluralism, the translation of legal categories into different socio-legal spaces. The socio-political contexts, in which these topics are embedded, are mostly situated in Indonesia and Southeast Asia at large as well as, to a much lesser extent, in Europe and India. Dr. Ramstedt has published widely on the intersection of the anthropologies of law, politics, and religion. Among his recent publications are two edited volumes and a

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special issue of a peer-reviewed international journal: Religion in Disputes co-edited with Franz and Keebet von Benda-Beckmann as well as Bertram Turner (Palgrave Macmillan 2013), Law and Religio-Ethnic Identity in Post-New Order Indonesia co-edited with Fadjar I. Thufail (Asian Ethnicity 13/4, special issue, Routledge 2012), and Decentralization and Regional Autonomy in Indonesia: Implementation and Challenges co-edited with Coen J.G. Holtzappel (ISEAS 2009). A special issue of the Journal of Legal Pluralism on “Temporalities of Law”, edited by Keebet von Benda-Beckmann, Martin Ramstedt, Melanie Wiber. London and New York: Routledge, 2014.

Law and Anthropology Parallel to the progressing globalization and concomitant deregulation of national markets there has been a growing judicialization or juridification of different social spheres almost everywhere around the globe. These processes have changed the concept, function and status of law in contemporary societies. This change has in turn given boost to the joint enterprise of the sociology and the anthropology of law and their objectives to gauge the transformation of societies through the lens of law and, conversely, the transformation of law through the lens of certain socio-political and socio-economic dynamics. In this course, we will take disputes as diagnostic events for, or entry points into, salient socio-legal developments and debates, such as what is lost and what is gained in the translation or transplantation of legal norms, concepts, institutions and procedures into different socio-legal spaces, and the socio-political significance of increased legal pluralism caused by growing normative and institutional recognition of religion, ethnicity and indigenous custom. We will discuss cases of project law, cultural defense, and changing property regimes as well as instances of multiple citizenship and the prioritization of individual over collective human rights, and vice versa. Sessions

1. Introduction and Overview 2. Processes of Juridification in the

Globalizing World 3. Juridification as Re-embedding: Cases from

Different Non-Western Societies 4. Common Historical and Conceptual

Foundations of the Sociology and Anthropology of Law Ethnographies of Legal Institutions and Procedures

5. Transplantation of Legal Norms, Concepts, Institutions and Procedures into Different Socio-legal Spaces: Project Law and Changing Development Agendas

6. Transnationalization of Human Rights and Islamic Fatwas: Chances and Challenges

7. Legal Pluralism and State Recognition of Religion, Ethnicity and Indigenous Custom

8. Cases of Cultural Defense in Western Societies.

Arthur GLASS Arthur Glass (BA, LLB PhD Sydney) is a Senior Research Fellow at the University of NSW Law School. He teaches and publishes in the areas of legal theory, constitutional law and immigration law. He has been a part-time

member of a number of Tribunals – Migration, Mental Health and Medical – and he is the president of the Refugee and Casework Service a body based in Sydney that provides free legal advice and case work for asylum seekers and refugees.

Law and the Legal Subject This course encourages students to take a reflective interest in the study of law - its intellectual foundations, its social conditions and its relationship with morality, politics and sociology. Its organising theme is a comparison between, on the one hand, how we think of the legal subject and, on the other, the different ways of understanding ourselves exemplified by moral, political and social theory as well as by literature, say, or sociology and psychology. What kind of beings are we? What are the

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similarities and the differences between the legal subject and other ways of thinking about ourselves? How should we think of ourselves as legal subjects (and legal officials)? These are not ontological questions (into what we are really like) but questions about what is significant about us from the legal standpoint. How does this understanding of the self compare, say, with, how we think of the moral, the political or the social self, or with how we think of personhood in other disciplines (sociology or psychology, for instance) or generally in everyday life? Major subjects to be covered include: - Human nature and the legal subject from

the perspective of Legal Positivism - The legal subject as a right bearing unit,

what follows? - How should we understand the personality

and the role of the legal official? - The Kantian understanding of self and

criticism of this - The self of social theory - The “post metaphysical self”, what this

means and what follows More concretely, the course will explore these ideas, and more generally the assumptions underpinning the legal self, in three quite different areas of legal practice – the processing of asylum claims, punishment and the regulation of surrogacy arrangements.

Susanne KARSTEDT Susanne Karstedt is Professor at the School of Criminology and Criminal Justice, Griffith University, Australia. Her research and

publications focus on cross-cultural and cross national studies of crime and justice. Her themes for comparative research are violence; crimes of the respectable middle classes (comparison between Germany and Britain); corruption and crimes of the powerful; imprisonment and prison conditions. Presently her focus is on global hot spots of violence. She is involved in designing

programmes of violence reduction in extremely violent societies, and intervention into situations of violence emergencies. She is working on a book on democracy, crime and justice. Other fields of research and writing are transitional justice after genocide and mass atrocities.

Globalisation, Crime and Justice This course will introduce students to one of the most recent and exciting fields in crime and justice research. Crime and justice are becoming globalised, however they are simultaneously rooted in local traditions. The transnational flows of illegal goods and services, trafficking in drugs, human beings and arms are recognized as major threats to the international community. Globalization has come with a proliferation of international justice and legal instruments to combat transnational crime, and simultaneously deepened the “security and justice gap” between the Global North and South. Globalization has engendered as much universality as variety in crime and justice across the globe. The course will introduce students to the field of global crime and justice and unpack the relationship between globalization, crime and justice. As globalization brings differences to the fore, we need new comparative perspectives; as it increases illegal and legal flows of goods, services and humans, we need new perspectives and instruments of analysis. Theories from the South confront and question established criminological thinking in the North. Students will be introduced to comparative perspectives in crime and justice research: We will find explanations, why some countries have higher crime rates than others, and why there are huge differences in criminal justice, including capital punishment. Students will analyse in which ways crime and justice problems in their countries are linked to globalization and its impact. They will analyse different types of transnational crimes like human trafficking, or transnational white collar crime and corruption. We will analyse international instruments in fighting and preventing such crimes, the role of NGOs and

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of international criminal justice and its institutions. The international group of students will provide a unique learning environment for comparative and global perspectives on crime and justice.

Andrzej ZYBERTOWICZ Andrzej Zybertowicz, Ph.D., Associate Professor, Chair of the Group Interests Program at the Institute of Sociology, Nicolaus Copernicus University, Toruń, Poland. From 2007 to

2010 Security Policy Adviser first to Prime Minister Jarosław Kaczyński and then to the President of the Republic of Poland Lech Kaczyński. In 1982 detained by communist authorities for underground activities. His research interests focus on ‘behind the scenes’ dimensions of social processes. He co-authored (with Maria Łoś of the University of Ottawa) the first scholarly analysis of the role of intelligence services in the decomposition of the communist system and the conversion of its elites into new capitalists: Privatizing the Police-State: The Case of Poland, London: Macmillan and New York: St. Martin’s Press 2000. He is the author of many scholarly articles and several books, including Coercion and Cognition: An Exercise in Non-Classical Sociology of Knowledge, Toruń: Nicolas Copernicus University Press 1995 (in Polish) and his most recent book The Third Polish Republic: How the System Works, Lublin: Wydawnictwo Słowa i Myśli 2013 (in Polish). Recognized as one of the key experts on sociological dimensions of post-communist transformation and the role played by security services, Professor Zybertowicz has been a sought after media commentator on current developments in Poland

How Much of Democracy within Democracy: Formal and Informal Sources of Power The course will explain why phenomena of power so successfully escape visibility, why perceiving social processes via interest groups heuristic is rather an art then a strict science, and what role plays “rule of law” (both as an ideology and practice) in fields of power and influence. Two kinds of limits to democracy will be considered: psychological (why humans seem to fancy hierarchies) and structural-functional (non-democratic enclaves within democratic societies). The other issues to be considered include: How stable are legal-formal sources of power? Informal networks as a source of power - when women lose? The well-known question posed by Richard Posner “How judges think” will be revisited from the

perspective of neuroscience. Finally, while wrapping ideas and insights up, students will be asked to conceive what they would never know about power without exercising it!

Bernard HUBEAU Bernard Hubeau is a full professor in Sociology and Sociology of Law at the Faculty of Law of Antwerp University since early 2008. He teaches “Sociology and Sociology of Law”, “Sociology of Law”, “Urban Planning Law” and “Legal aspects of the relation Administration-Citizen”. He teaches “Legal Aspects of Social Work” at the Faculty of Social and Political Sciences of Antwerp University. He also teaches “Sociology of Law” at Brussels University (Faculty of Law and Criminology). He is the former Ombudsman of the City of Antwerp (1996-1999) and of the Flemish Parliament (1999-2007). He was professor at the University of Utrecht (Netherlands) from 1991 to 1996 and was a Lecturer in a School for Architecture and a School of Police Studies.

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He’s editor in chief of a Legal Journal (“Juristenkrant”). He is the president of the Flemish Housing Council and of a Social Housing Company. He’s a member of the Bureau of Integrity of the city of Antwerp. Recently, he finished a book about access to justice and legal aid (Legal Aid in the Low Countries, Cambridge, Intersentia, 2014, 375 p.).

Access to Justice and Legal Aid: socio-legal aspects Access to justice is a fundamental democratic right for all citizens. In order to exercise this right people need lawyers or other legal professionals to translate their everyday problems and conflicts into the distant legal world and to translate the legal language into the ordinary language of the average (potential) litigant. Almost every country has developed its own legal aid system. Some are comparable, some are very different. We will start with a conceptual framework and general developments related to the question of access to justice (inequality and poverty). We’ll have a brief historical overview, based on “the three waves”, described by the famous Mauro CAPPELLETTI. We’ll study the different models of legal aid (Charity, Judicare, Welfare and Mixed Models) and work on current problems and questions on legal aid systems, like financing and austerity, the role of government, (para)legal professions, accessibility and ethical questions. Legal aid and access to justice in specific legal matters is very interesting: a few of those fields will be explored. Finally, in a workshop we will try to elaborate a comprehensive “ideal model” for a sound access to justice system.

Sol PICCIOTTO Sol Picciotto is emeritus professor of Lancaster University and has been Scientific Director of the IISL 2009-11. He went to university in Oxford and Chicago, has taught at Dar es Salaam

(Tanzania), Warwick and Lancaster (UK), and been a visiting fellow in Nagoya University and a Jean Monnet Fellow at the European University Institute. He has written widely on theories of state, law and economic regulation, and his most recent book is Regulating Global Corporate Capitalism (2011).

Iagê Z. MIOLA Iagê Z. Miola is currently a researcher at the Law and Democracy Nucleus of the Brazilian Center for Analysis and Planning (CEBRAP), a professor of law at Faculdade de Direito de Itu (Faditu) and of graduate programs at

Fundação Getulio Vargas (GVLaw), in Sao Paulo. He obtained a PhD degree in Law & Society at the University of Milan (2014), a Master’s in Sociology of Law at the Oñati International Institute for the Sociology of Law (2009), and a Bachelor of Laws at the Catholic University of Rio Grande do Sul – PUC/RS (2008). In 2012, he was a Visiting Scholar at the New York University (NYU), Department of Sociology. He has written on the fields of sociology of law and economic law, on topics such as state reform, economic regulation, competition law, law and globalization, legal professions, and legal mobilization.

David MONCIARDINI In July 2013, David Monciardini obtained the Int’l Ph.D “Renato Treves” in Law and Society, with a dissertation on the new EU regulation of corporate non-financial disclosure (i.e. social and environmental matters, human rights and

corruption). David holds an MSc in Int’l Employment Relations at the London School of Economics (UK) and a Laurea in Sociology, from the University of Urbino, Italy. He has a wide range of international research and professional experiences, including working at the EU Commission (Belgium) and at Ferrara

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Business School (Italy). David has been visiting Ph.D student at Lund University; VU Amsterdam; Antwerp; and VU Brussels. In 2013, his PhD research – Quello che conta. Accounting for sustainable companies – was published by the University of Lund (Sweden). He is currently lecturer at the Free University of Bolzano (Italy).

Sociology of Law and the Economy The interplay between legal and economic phenomena is one of the central themes in the sociology of law and represents a growing interdisciplinary field of research. This course aims to provide students with a sound understanding of key insights, approaches and debates around a sociological analysis of the role of law in economic regulation. It will discuss how law – its agents, practices institutions, legal ideas and concepts – shapes the economy, and conversely, how socio-economic transformations – especially the recent period of economic globalization and neoliberalism and their aftermath – impact on the legal order. This debate will be located within the broader traditions of economic sociology and sociology of law (Veblen, Simmel, Weber, Marx, Polanyi, among others), as well as more recent sociologists, especially Bourdieu. The course will also offer the students the analytical and methodological tools to go beyond this established tradition. The interface between law, economy and society will be addressed both theoretically and empirically. The course will start with two sessions, introducing classic socio-legal perspectives about law and the economy, as well as contemporary debates. These are followed by three sessions covering the key legal institutions which are the foundation of economic activity: property rights, the contract, and the corporation. The second week of the course will build on this foundation by studying exemplary research in four key areas: financial regulation, competition law, tax, and international trade. They will be examined through a variety of theoretical and methodological frameworks. In the final session, students are invited to

discuss the relation between capitalism and democracy, and the role of the law. The course is designed as an interactive seminar, whereby the teachers introduce the basic materials and the participants actively contribute to the discussions, and make prepared presentations themselves. By the end of the course the students will acquire both substantive insights into the themes explored and a set of conceptual and methodological tools to assess and undertake studies in the subject.

Scott VEITCH Scott Veitch is currently Paul KC Chung Professor in Jurisprudence at the University of Hong Kong. Prior to that he held the chair of Jurisprudence at the University of Glasgow. Originally from Scotland, he has worked

and held visiting positions in Australia, South Africa, New Zealand, Belgium, France and China. Among his publications are Law and Irresponsibility: On the legitimation of human suffering, Moral Conflict and Legal Reasoning, and Jurisprudence: Themes and Concepts (with Emilios Christodoulidis and Lindsay Farmer).

Law, Obedience, Disobedience: Socio-Legal Perspectives Obedience to legal rules is commonly seen as a prerequisite for a functioning, valid legal system. This course addresses the practices and presuppositions involved in this most elementary of assumptions. It explores the ways in which obedience to legal rules relies on other social norms, practices and expectations; how the latter are manipulable and subject to a variety of different sources and forms of power; and how their influence varies across cultures. It also considers how obedience to laws and the virtues of the rule of law may conflict; how challenges of disobedience may be understood; and the conditions and limitations of institutional responses in such fora as political trials.

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Drawing on a range of texts from sociology, law, and politics, the course aims to deepen our awareness of the theoretical implications and social consequences – positive and negative – of obedience to legal authority.

Jiří PŘIBÁŇ Jiří Přibáň graduated from Charles University in Prague in 1989. He received his LLD in 2001 and was appointed professor of legal philosophy and sociology at Charles University in November 2002. In

2006, he was appointed professor of law at Cardiff Law School, Cardiff University. Jiří was also visiting professor or scholar at European University Institute in Florence, New York University, University of California in Berkeley, University of San Francisco, University of Pretoria, and University of New South Wales, Sydney. He has published extensively in the areas of sociology of law, legal philosophy, constitutional and European comparative law, and theory of human rights. He is an editor of the Journal of Law and Society and a regular contributor to the BBC World Service, the Czech TV, newspapers and other periodicals. Books in English: Legal Symbolism (2007), Dissidents of Law (2002), Liquid Society and Its Law (ed., 2007), Systems of Justice in Transition (ed. with James Young and Pauline Roberts, 2003), Law's New Boundaries (ed. with David Nelken, 2001), The Rule of Law in Central Europe (ed. with James Young, 1999) and Pictures of Czech Postmodernism (2013).

A Sociology of Constitutionalism Students will learn about sociological approaches to the legitimacy of constitutional democracy resting on two main pillars: popular sovereignty and the rule of law and civil rights based constitutionalism. A political system is democratically legitimate if it is imposed by the sovereign people on itself, and political power can be exercised

either directly by the people, or through their elected representatives. The system itself needs to be constitutionally legitimate in the sense that its principles, rules and procedures are expressed in legal form and public officials and their actions are subject to the law. Democratic practices are governed by the rule of law and, at the same time, the legal rules are open to democratic change. This paradox of constitutionalism is going to be discussed within the context of discursive and social systems theories. Furthermore, two different functions of the modern constitutional state as social organisation, namely limiting the exercise of sovereign power by means of constitutional checks and balances and symbolically constituting the whole of society, will be sociologically analysed to comprehend the constitutional state's social and historical context. Different sociological perspectives shall be introduced to understand a sovereign act of popular constitution-making as both constitutive of the systems of politics and law as well as expressing the collective identity of a democratic polity. This expressive mode of collective identity stretches beyond the domain of law and politics and establishes the ethical and cultural self-reflections of the people as a real political force and a symbolically imagined community. Interpretive sociology of modern nationhood, therefore, shall further compliment the functional and institutional analysis of constitutionalism within and beyond the modern state. The final part of the course shall address the problem of societal constitutions without the state and different forms of constitutionalism evolving in global society. understood structural relationship between individuals and society. Law as an instrument of social control plays a dubious and possibly counter-productive role in this relationship. It is hoped that the lectures and contributions of the participants in this unit can improve the understanding of the function of both law and social control.