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资源 63
[Lecture] Legal Internalism
Nov. 02, 2021


Speaker: Professor Zhang Taisu, Yale Law School

Host: Professor Zhang Yongle, PKU Law School

Commenters:


Professor Ge Yunsong, PKU Law School
Associate Professor Dai Xin, PKU Law School

Time: 10:00-12:00, November 2, 2021 (GMT+8)

Online: Tecent Meeting ID 855 154 763

Language:
 Chinese

Abstract

The lecture is based on the published book review by 
Shyamkrishna Balganesh and Zhang Taisu (the lecturer), "Legal Internalism in Modern Histories of Copyright", 134 Harvard Law Review 1066. Below is the abstract of the book review:

Legal internalism refers to the internal point of view that professional participants in a legal practice develop towards it. It represents a behavioral phenomenon wherein such participants treat the domain of law (or a subset of it) as normative, epistemologically self-contained, and logically coherent on its own terms regardless of whether the law actually embodies those characteristics. Thus understood, legal internal-ism remains an important characteristic of all modern legal systems. In this Review Essay, we examine three recent interdisciplinary histories of copyright law to showcase the working of legal internal-ism. We argue that while their interdisciplinary emphasis adds to the conversation about copyright, it also overlooks the centrality of legal internal-ism in the evolution of copyright, a domain that has always been understood as a creation of the law. The Essay unpacks the core tenets of legal internal-ism, examines how it operates as an important variable of legal change, contrasts it with the idea of legal consciousness, and shows how legal internal-ism directs and regulates the entry of non-legal considerations into different areas of law.

Biography

Taisu Zhang is a Professor of Law at Yale Law School and works on comparative legal and economic history, private law theory, and contemporary Chinese law and politics.

Professor Zhang holds three degrees from Yale: a B.A. in History and Mathematics, a J.D., and a Ph.D. in History. Prior to joining the Yale faculty, Professor Zhang was an Associate Professor at the Duke University School of Law, and has taught at Brown University, Peking University Law School, the Tsinghua University School of Law, and the University of Hong Kong. He was the Immediate Past President of the International Society for Chinese Law and History. His first book, The Laws and Economics of Confucianism: Kinship and Property in Pre-Industrial China and England, was published by Cambridge University Press, and received the 2018 Presidents Award from the Social Science History Association and the 2018 Gaddis Smith Book Prize from the MacMillan Center for International and Area Studies. In dissertation form, it was the recipient of Yale University’s Arthur and Mary Wright Dissertation Prize and the American Society for Legal History’s Kathryn T. Preyer Award. A second book, The Ideological Foundations of the Qing Fiscal State, is in progress. He has published articles, essays, and book chapters on a wide array of topics, winning awards from several academic organizations, and is a regular commentator on Chinese law, society, and politics in media outlets.

Source: https://mp.weixin.qq.com/s/-7MuQ0xk0HbdE4tIBPtweg