The Anthology of Swiss Legal Culture

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The Anthology of Swiss Legal Culture is a collection of classical and contemporary texts with contributions on Swiss law and the transcultural influences in various areas of law. It is an “online work in progress” in English . The platform offers the editors the opportunity to update, deepen and expand the introductory texts and to open up further areas of law.

Purpose and goals of the anthology

The “Anthology of Swiss Legal Culture” brings together a collection of groundbreaking texts that are available either in the original language or in an English translation. An introduction situates the individual texts, supplemented by a biography of the author . The purpose of the project is to make these texts available online to a wider community of legal scholars and other scholars and practicing lawyers . Swiss law is mainly used in German, French and Italian, which is why a large part of it remains closed to the world. Countless interested parties therefore have neither access to the rich legal tradition of federalist Switzerland with its legal institutions firmly embedded in the continental European tradition, nor to its formative institutions, which are based on a direct democratic tradition determined by the common good and common sense with decentralized self-assertion. The collection makes it easier for anyone interested in Switzerland to gain access to its legal culture and to the peculiarities of legal traditions beyond the law and jurisdiction . It is therefore of particular interest to historians and political scientists .

The anthology offers a wide range of insights into articles by Swiss authors on various aspects of general legal developments in the period up to the Second World War . Switzerland and especially Geneva played a not insignificant role in the development of general international law . In constitutional law, the country, located in the heart of Europe , was the first multilingual federation and democracy to largely follow the US constitution . Strongly exposed to international relations and influences, it took an active role in the early days of the republic and served as a model for European integration . At the same time, Switzerland was confronted with foreign legal cultures, especially German, French and Italian, which were based on common principles of Roman law and which had a strong influence on Swiss law and legal culture. The influence of foreign law has increased since the end of World War II. In the process of Europeanization and globalization, the collection therefore deals in particular with the reception of developments and trends of foreign origin, especially European and American law.

Basic structure of the anthology

The anthology is structured in such a way that scientists, students and practitioners can easily access the relevant original texts in the “ Portable Document Format ” (PDF). Introductory texts, background information and summaries of the texts in English, supplemented with bibliographical information on the authors, facilitate access and understanding of the individual contributions.

Initiators of the project and partnership cooperation

The initiators, Prof. em. Dr. Thomas Cottier , LL.M., Advocate, Senior Research Fellow, World Trade Institute, University of Bern , and Associate Professor University of Ottawa , Prof. em. Dr. Jens Drolshammer, MCL, lawyer, University of St. Gallen , and faculty associate, Berkman Klein Center for Internet & Society , Harvard University , launched the project “The Anthology of Swiss Legal Culture” in 2008 and the association “LEGALANTHOLOGY .CH »was founded together with a small group of colleagues.

The Berkman Klein Center for Internet & Society at Harvard University has developed a web-based platform H2O with the support of the Harvard Law School Library, with the aim of providing users with texts and course materials that can be edited, restructured, organized and shared . Some clusters in the anthology are part of the H2O platform.

The association «LEGALANTHOLOGY.CH»

The association is a non-profit organization (scientific research and communication project) based in Zurich . The purpose of the association is to research and present the global spread and continuous internationalization of Swiss legal culture, especially in the 19th, 20th and 21st centuries.

The association wants to promote interest in the functioning and effects of internationalization and globalization of Swiss law and Swiss legal culture at home and abroad through a new series of publications and communication in English, as well as through its online open source collection . It should also be shown how Swiss law, Swiss legal developments and Swiss legal culture meet these longstanding challenges in an international context.

Association board and editorial board

The following people are members of the association's board of directors and the editorial board:

Editors-in-chief

Thomas Cottier , Jens Drolshammer and Pascal Pichonnaz.

Current clusters and their editing authors

  • Swiss Law and Legal Culture and the Process of Internationalization before and after World War II ( Public International Law ), Prof. em. Dr. Thomas Cottier, Isabel Koelliker, Jack Williams
  • Swiss Law and Legal Culture and the Process of Globalization - From World War II to the Present ( Globalization ), Prof. em. Dr. Jens Droshammer
  • Swiss Law and Legal Culture and the Process of Americanization before and after World War II ( Americanization ), Prof. em. Dr. Jens Droshammer (publication published by Verlag Stämpfli AG, Bern, 2016)
  • Swiss Law and Legal Culture and the Process of Europeanization before and after World War II ( Europeanization ), Prof. em. Dr. Jens Droshammer
  • "Business Law" in Switzerland ( Swiss Economic Law ), Prof. em Dr. Peter Nobel
  • Information Law in Swiss Legal Culture ( Information Law ), Prof. Dr. Rolf H. Weber (publication published by Verlag Stämpfli AG, Bern 2017)
  • Legal Philosophy and General Jurisprudence ( Philosophy of Law ), Dr. Michael Walter Hebeisen

Planned clusters

Sports Law - International Criminal Law and Judicial Assistance - Family Law - International Arbitration - The Internationalization of the Swiss Legal Professions - The Swiss Federal Tribunal in the World - International Aspects of Swiss Contract Law and Historical Aspects - History of Law (Aspects) - Public Law - Intellectual Property Law.

Print editions

The following clusters were published as print editions of "The Anthology of Swiss Legal Culture":

  • Jens Drolshammer: The Americanization of Swiss Legal Culture. Highlights of Cultural Encounters in an Evolving Transatlantic History of Law. Stämpfli, Bern 2016, ISBN 978-3-7272-3219-0 .
  • Rolf H Weber: Information Law in Swiss Legal Culture. Stämpfli, Bern 2017, ISBN 978-3-7272-7011-6 .

literature

  • The Anthology of Swiss Legal Culture. A new approach to Swiss legal culture in a European and global context in English: a science and communication project. In: Journal for Swiss Law (ZSR). Volume 135, No. 1, 2016.

Web links

Individual evidence

  1. ↑ Gjon David, Editor Plea: What is Thomas Cottier actually doing? Retrieved June 18, 2019 .
  2. ↑ H2O | Casebooks | The Anthology of Swiss Legal Culture. Retrieved June 15, 2019 .
  3. ^ The Federal Council: APK reference page. Retrieved June 18, 2019 .
  4. ↑ [1]
  5. ^ The Americanization of Swiss Legal Culture. Retrieved June 15, 2019 (Swiss Standard German).
  6. ^ Johannes Reich: The Americanization of Swiss Legal Culture: Highlights of Cultural Encounters in an Evolving Transatlantic History of Law . In: The American Journal of Comparative Law . tape 66 , no. 3 , November 22, 2018, ISSN  0002-919X , p. 723-726 , doi : 10.1093 / ajcl / avy031 ( oup.com [accessed June 20, 2019]).
  7. ^ Information Law in Swiss Legal Culture. Retrieved June 15, 2019 (Swiss Standard German).