Doctrina
Título:Three Echelons for the Development of Institutes of Comparative Law in the Americas (1900-1950)
Autor:Parise, Agustín
País:
Argentina
Publicación:Cuaderno de Derecho Comparado - Número 6
Fecha:25-07-2023 Cita:IJ-IV-DCXX-285
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Sumarios

This paper explores the development of comparative law institutes in the Americas during the first half of the twentieth century. It focusses on institutes, actors, and events that helped develop the study of law beyond borders. First, attention is devoted in this paper to the development of comparative law institutes at a jurisdictional echelon. Second, attention is moved to the development of institutes at a Pan-American echelon. Third, attention is extended to the transatlantic echelon. This paper aims to confirm that the creation of comparative law institutes was a result of the synergy of efforts by actors and of the circulation of legal ideas.


Keywords: Circulation of legal ideas - émigrés - law reviews - networks - translations.


Este artículo explora el desarrollo de institutos de derecho comparado en las Américas durante la primera mitad del siglo XX. Se focaliza en institutos, actores y eventos que ayudaron a desarrollar el estudio del derecho sin fronteras. En primer lugar, en este artículo se dedica atención al desarrollo de institutos de derecho comparado en un escalafón jurisdiccional. En segundo lugar, se dirige la atención al desarrollo de institutos en un escalafón panamericano. Tercero, la atención se extiende al escalafón transatlántico. Este artículo tiene como objetivo confirmar que la creación de institutos de derecho comparado fue el resultado de la sinergia de esfuerzos de los actores y de la circulación de ideas jurídicas.


Palabras-Clave: Circulación de ideas jurídicas - émigrés - redes - revistas jurídicas - traducciones.


I. Introduction
II. Jurisdictional Echelon
III. Pan-American Echelon
IV. Transatlantic Echelon
V. Closing Remarks
Notes

Three Echelons for the Development of Institutes of Comparative Law in the Americas

(1900-1950)

Agustín Parise*

I. Introduction [arriba] 

The first half of the twentieth century is a fertile period for the study of the intra- and inter-continental bridges that helped develop comparative law on both sides of the Atlantic Ocean. Ideas tend to circulate, and an exploration of the development of comparative law, on both sides of the Atlantic, shows that legal ideas are no exception, since enriching examples of this circulation between jurisdictions, even across continents, can be perceived. An endless web of jurists engaged in comparative law efforts at the dawn of the twentieth century.[1] One of the main objectives of a work on comparative law is to expand the perspective and the study of the legal elements under analysis, and hence, improve those elements already existing or those that will be created in the future.[2] It is often the dissatisfaction with a local solution that triggers the comparatist to look for better solutions in other systems.[3] This pursuit will help in transforming the lawyer into a jurist. After all, jurists do not limit their studies to the current law as it is, and, naked of a scientific and social context. Jurists, on the contrary, seek amongst other qualities the origins and the reception of legal institutions in different geographical points and time periods.[4]

This paper explores the early development of comparative law institutes in the Americas. It focusses on institutes, actors, and events that helped develop the study of law beyond borders. Attention is devoted to the dialogue amongst actors and at the correlation between events. Indeed, law is a social science, subject to change, whose protagonists can often be identified. Attention to a certain figure can help to understand the development of a discipline, helping to broaden the field of study and the context, and to move from the individual to the collective, many times filling gaps that hamper a complete understanding.[5]

This paper covers the period 1900 to 1950. The starting point is the Paris Congress of Comparative Law. This event can be considered an ignition point for the discipline, leaving behind the exclusive study of comparative legislation. The time that followed the meeting in Paris can be considered a “period of youthful and energetic interaction”[6] for the advocates of the new discipline. The temporary cut is the year 1950, since foundational events occur before that year in the Americas. Further, a number of pioneers in the field of comparative law encounter death during those 50 years, including, but not limited to, Édouard Lambert and John H. Wigmore. Moreover, this period is marked by the foundation of some of the oldest institutes of comparative law on both sides of the Atlantic, such as the Institut de Droìt Comparé de Lyon (Lyon Institute), established in 1921 and led by Lambert. Finally, the temporal cut is in 1950 because the International Association of Legal Science (IALS), under the auspices of UNESCO, operates since that year and has triggered the development of national committees of comparative law across the Americas,[7] hence acting as an accelerator for the studies of comparative law.

The journey across the Americas that this paper offers is divided into three parts. The path progresses from the smallest units to the biggest. First, attention is devoted to the development of comparative law institutes at a jurisdictional echelon. There, the focus is both on localized and national efforts towards the creation of institutes. This first part is the most extensive, since it offers the foundations by introducing recurring actors and efforts. Second, attention is moved to the development of institutes at a Pan-American echelon. There, the circulation of legal ideas across the Americas is palpable. Third, attention is extended to the transatlantic echelon. In this final part it is notable that France and the Lyon Institute take a role of pre-eminence. This paper aims to confirm that the creation of comparative law institutes in the Americas was a result of the synergy of efforts by actors and the circulation of legal ideas across continents during the first half of the twentieth century.

Five initial remarks aim to narrow the scope of this paper. First, attention is not devoted to the important efforts of the Association Henri Capitant, since–in the period covered by this paper–they aimed primarily to Francophone actors. Second, the research for this paper benefited significantly from the information sections of different law reviews, on both sides of the Atlantic. The accounts in those law reviews offered valuable perspectives on the developments that took place at that time. Third, the paper looks at a limited number of actors and events, and it therefore does not claim to be exhaustive. There was a circulation of legal ideas that linked both continents, while also linking jurisdictions within the continents. There are common legal bases and temporal parallels amongst jurisdictions, yet each jurisdiction merits its own study beyond the scope of this paper. Fourth, the term institutes is understood in a broad way in this paper. It includes self-standing institutes, research units at law faculties or bar associations, academies, and other forums where comparative law was cultivated. After all, individual or isolated efforts can attain a collective impact. All efforts are tesserae of a mosaic, a mosaic that is coloured by the synergy between actors and events.

II. Jurisdictional Echelon [arriba] 

The journey across the Americas starts by exploring the development of comparative law institutes at a jurisdictional echelon. Here attention is devoted to localized and national units. The Americas welcomed comparative law during the period covered by this paper, and the actors in that part of the globe were open to the ideas of Lambert. The French comparatist had an active network on both sides of the Atlantic, and he had already stated in the pages of the 1929 Yale Law Journal that “from time to time, I receive from various countries of Latin America requests for information on the working conditions of an Institute of Comparative Law.”[8] Such an institute–according to Lambert–required a library and should engage in teaching, welcoming the exploration of comparative legal history.[9] A US publication mentioned that the efforts of Lambert had found a most enthusiastic reception in the New World by 1940, and that his institute had gained support in, amongst others, Chile by Arturo Alessandri Rodríguez, Paraguay by Luis de Gasperi, and Uruguay by Eduardo J. Couture.[10] In Argentina, that same year, Alberto M. Justo–who was a corresponding member of the Lyon Institute[11]–mentioned that Lambert had devoted significant efforts, already for some time, to engage in dialogue with comparatists from that part of the globe.[12]

Institutes spread across the continent during the first half of the twentieth century because of the efforts of different actors, such as Lambert. These actors–on both sides of the Atlantic–shared common traits. For example, actors ought to be curious and to care for otherness; open to dialogue, having a broad interest in the law; and interested in meta-legal aspects. They further ought to believe that comparative law activities should be nurtured within institutes, with a need to disseminate results of their work in monographs and law reviews and to advocate for the value of translations as fundamental bridges for the disciplinary development of comparative law. Finally, these actors welcomed émigrés from other jurisdictions, at a time of serious political and social conflicts. Consequently, actors ought to be innovative and have the ability to trigger synergy.[13]

A. Localized

Localized efforts can be traced back to 1925, when an institute was established in the city of Córdoba, in Argentina.[14] This can be considered the first institute of comparative civil law in the Americas,[15] and Lambert informed readers about that institute in the 1939 Bulletin de I’Institut de Droit Comparé de Lyon (Lyon Bulletin).[16] There, he highlighted the potential for the international projection of the work from Córdoba, bridging the Americas and Europe, in both public and private law.[17] Later, the 1957 Revue internationale de droit comparé (RIDC) noted that that Argentine institute “had, from its beginnings, been particularly active.”[18] Another French law review mentioned that during the period covered in this paper the institute in Córdoba had published seven monographs, 28 brochures, and 22 academic pieces, having an “important” library.[19]

Córdoba was active during the gestational period of comparative law in the Americas. Its objectives, at the time of foundation, included the translation of foreign laws, the creation of a comparative law library, and the organization of academic meetings.[20] Translations soon took the stage, as reflected in the work of, amongst others, Marcello Finzi, Roberto Goldschmidt, and Ricardo C. Núñez.[21] The translations made available seminal works originally drafted in German and Italian, hence exposing the Spanish audience to some of the leading authors in the Old Continent on fields such as criminal law and methodology.[22] Córdoba welcomed émigrés, with Goldschmidt, for example, taking a fundamental part in the life of the institute.[23] Research visits were encouraged, with Finzi,[24] for example, visiting twice the US during the 1940s,[25] as reported in the pages of the Bulletin de la Société de législation comparée (SLC Bulletin).[26] In addition, comparative law endeavours found a forum within two bulletins in Córdoba, one associated with the Faculty of Law and the other with the Institute of Civil Law.[27] Bulletins were tools to spread legal ideas to domestic and international forums. Comparative law courses were offered in Córdoba,[28] dealing with different research topics, and being taught by, amongst others, Phanor J. Eder, from New York, who addressed the Anglo-American legal system.[29] All these efforts helped to develop networks of scholars interested in the discipline.[30] The institute was therefore instrumental in building bridges and opening roads, inviting for dialogue across jurisdictions.

Actors nurtured the life of the comparative law institutes, as reflected in the experience offered by Córdoba. Enrique Martínez Paz gained an undisputed place in the activities in the Argentine institute, acting as its director during most of the period covered by this paper.[31] He was indeed open to deal with otherness, having held chairs of sociology, philosophy, and civil law.[32] Martínez Paz was amongst the pioneers in the development of the discipline in the Americas, having published a book in 1934 offering an introduction to the study of comparative civil law.[33] There were other important actors at the institute in Córdoba. For example, the already-mentioned Goldschmidt, an exile from National Socialist Europe, who was welcomed first in Uruguay, thanks to Couture.[34] This important actor was able to build many bridges with Europe, also through translations.[35] Finzi acted as another important link with Europe, in his case mainly with Italy and the legal narrative of that part of Europe.[36]

B. National

Developments also took place at a national echelon in the Americas in the period 1900-1950. The United States of America (US) offers an early example of the emergence of a comparative law institute at a national echelon.[37] David S. Clark traced comparative law in the US to the 1904 St. Louis Universal Congress of Lawyers and Jurists: the first international congress dealing with comparative law on US soil.[38] One year later, efforts started towards the establishment of the Comparative Law Bureau (Bureau) of the American Bar Association (ABA).[39] Bureau members held annual meetings and published a bulletin from 1908 until 1914,[40] engaging therefore in the premier forum of that nature in the US.[41] At that time, the activities of these actors revolved mainly around the publication of scientific articles on comparative research and the support of translations into English of civil codes.[42] The Great War and the important economic depression paid a toll on the activities of the Bureau.[43] Therefore, the ABA opted to merge the Bureau with the International Law Section, and as from 1933 it was referred to as the Section of International and Comparative Law (ABA Section).[44] The interest in comparative law was strong especially in New York, and Bureau members established the American Foreign Law Association (AFLA) in 1925.[45] AFLA actively published bibliographies and the proceedings of its meetings,[46] hence nurturing the efforts of actors interested in comparative law in that part of the Americas. Amongst those actors was Eder,[47] who likewise disseminated efforts across the continent, as illustrated by his teaching activities in Córdoba.[48] At the end of the period covered by this paper, in the early 1950s, members of the ABA Section and of AFLA moved towards the establishment of what is currently the American Society of Comparative Law.[49]

Accounts dealing with the development of comparative law in the US are enriched by references to the life and work of Wigmore. This remarkable jurist was interested in otherness,[50] having attained a broad formation. The expert on evidence was recognized worldwide as a comparative law scholar and was able to use his influence to promote the discipline. This fundamental actor helped in the creation of institutes, in establishing bulletins and law reviews, and in welcoming émigrés. For example, he was a founding board member of the Bureau;[51] and he occupied important places in the comparative law congresses held in The Hague in 1932 and 1937.[52] William S. Holdsworth stated as early as 1927 that comparative law students were indebted to Wigmore for the series he published and the writings he made available.[53] Like Martínez Paz in Córdoba, Wigmore valued the elaboration of translations for the development of comparative law.[54] Translations allowed for the effective reception of legal ideas in jurisdictions that did not share the same language. They served as means to promote the circulation of legal ideas on both sides of the Atlantic. Wigmore was open to dialogue and cultivated close ties with jurists beyond the borders of the US,[55] some being émigrés. For example, in 1939 Wigmore recommend Hans Kelsen for a position at University of Illinois.[56] Life and work of actors like Wigmore helped to leave ostracism behind and to build bridges that generated synergy and fostered the development of science.

Other comparative law efforts took place in the US in the period 1900-1950. For example, the RIDC informed its readers that New York University had established an Inter-American Law Institute in 1947, with Eder taking a leading role.[59]That institute aimed to familiarize Latin American jurists with the law in the US.[60] Further, the 1949 RIDC informed that an institute was established at Tulane University.[61]This institute aimed, amongst others, to foster research on comparative law, to attract comparative law scholars, and to serve as a liaison for comparatists at Tulane with scholars at other institutes.[62] The Tulane Law Review soon turned into a forum for comparative law. Contributing editors to that law review included Lambert, Roscoe Pound, Antonio Sánchez de Bustamante y Sirven, and Wigmore.[63]

Comparative law spread across the American continent. A first example can focus on Brazil.[64] There, comparative law studies gained strength after the Second World War, in a context enriched by the activities of émigrés, such as Tullio Ascarelli and Enrico Tullio Liebman, both professors in São Paulo.[65] As reported by the 1949 RIDC, an institute was established in the latter city, with Noé Azevedo and Ascarelli as directors.[66] That same year an institute was established in Rio de Janeiro, led by San Tiago Dantas, with ample resources and important library holdings, though shortly lived.[67] This institute emerged after fruitful dialogue between René David and Dantas.[68] As reported by the 1949 RIDC, the opening conference in that institute was offered by Kelsen.[69] A Brazilian National Committee was established in the late 1940s in Rio de Janeiro, and was led by Haroldo Valladão.[70]

A second example can focus on Mexico. Early activities were linked to the National Autonomous University of Mexico.[71] The Spanish Felipe Sánchez-Román y Gallifa was involved in the establishment of an institute in 1940, and he further taught introduction to comparative law.[72] Being an émigré, this actor served as a bridge for comparatists from both sides of the Atlantic.[73] Joaquín Rodríguez Rodríguez, also from Spain, founded in 1948 the bulletin of that Mexican institute.[74] Translations were commissioned, and formed one of the pillars of the institute,[75] including the work of Mario Sarfatti in 1945[76] and of Frederick Lawson in 1950.[77]

A third example can focus on Canada. The pages of the 1948 Canadian Bar Review read that “there is no country, perhaps, in which the study of comparative law is of more direct and practical importance than in Canada. Here the practising lawyer in, let us say, Ontario may any day be asked to advise upon a problem involving questions of law in Quebec.”[78] Lambert seemed to be aware of this context, and published with Max J. Wasserman a piece in the 1929 Yale Law Journal dealing with the case method in Canada.[79] Main developments took place in Canada beyond the period covered by this paper. The RIDC informed of the creation of institutes in Toronto in 1952,[80] in Ottawa in 1962,[81] and in McGill in 1965.[82]

Institutes spread across the Americas during the first half of the century.[83] Bulletins and law reviews reported of the establishment of institutes, for example, in Dominican Republic (1941), Puerto Rico (1942), Panama (1944), and Colombia (1947).[84] The second half of the century also experienced the emergence of institutes within the context offered by the establishment of the IALS.[85]

III. Pan-American Echelon [arriba] 

The development of institutes reached a Pan-American echelon during the first half of the century. Actors were able to engage in dialogue and to disseminate and share their comparative law efforts across the Americas. For example, Felipe de Solá Cañizares stated in the 1947 SLC Bulletin that “throughout Latin America, we have sensed for a long time the exceptional importance of comparative law studies, not only from a scientific point of view but also as a practical way to strengthen inter-American harmonization.”[86] He added that comparative studies looked at other American jurisdictions, but also at Europe (mainly France, Germany, Spain, Italy, and England).[87] He further noted that the French influence was extraordinary, yet younger scholars had started to look into Italian, German, and “Anglo-Saxon” authors.[88] US comparatists were likewise interested in Latin American jurisdictions. The Bureau sponsored several efforts to foster links across the Americas, mainly during the first two decades. In those lines, for example, the Bureau published a translation of the Argentine Civil Code by Frank Joannini in 1917.[89] That work was part of the [90]

Events that clustered comparative law actors and efforts can be traced to the Pan-American Conferences.[91] These events addressed topics also beyond the law and took place in different cities during the period covered by this paper.[92] They offered a forum for studies on comparative law and uniform laws, where different working groups studied different areas of the law.[93] For example, the renowned Bustamante Code of Private International Law was first discussed in that forum.[94] Two efforts and their resulting institutes merit special attention when looking exclusively at the realm of the law: the Inter-American Bar Association and the Inter-American Academy of Comparative and International Law.[95]

A. Inter-American Bar Association

The origins of the Inter-American Bar Association can be traced back to the 1920s. At that time, the president of the Argentine Federation of Bar Associations approached the Brazilian counterpart calling for a Pan-American effort that would generate synergy amongst bar associations.[96] Similar endeavour was being explored at the same time in the US by James Brown Scott and Wigmore.[97] The Inter-American Bar Association was established in the context of the 1940 American Scientific Congress, and its by-laws point to comparative law as a means to develop legal science.[98] It was based in Washington, and multiple conferences were organized in that environment, offering a fertile ground for comparatists. For example, the Fifth Conference, that took place in Lima, devoted one of the session to the study of the Bustamante Code, hence showing a pollination between efforts, that is to say, between the Pan-American Conferences and the Inter-American Bar Association.[99]

A network of actors was involved in the activities of the Inter-American Bar Association. Some of these actors were recurring protagonists in the development of comparative law in the Americas, meeting the traits of the early comparatists behind the establishment of institutes. For example, Couture acted as president of the Inter-American Bar Association towards the end of the period covered by this paper.[100] He was a renowned Uruguayan actor, who died at a young age, and was able to nurture a lively network. The 1957 Tulane Law Review stated that the death of Couture “ended a career in legal scholarship and practice of a brilliance only occasionally found in the history of the legal profession.[101] Couture welcomed émigrés in Uruguay (v.gr., Goldschmidt);[102] engaged in a transatlantic dialogue with leading comparatists (v.gr., Lambert);[103] and had a broad interest in the law, especially “in an age of specialization he was proof that great minds are not limited to narrow fields.”[104] In brief, actors, such as Couture, were innovative and had the ability to trigger synergy.

B. Inter-American Academy

Developments at a Pan-American echelon found a forum in the activities of the Inter-American Academy of Comparative and International Law. Brown Scott from the US and Sánchez de Bustamante y Sirven from Cuba were the main architects behind this effort.[105] The Inter-American Academy was established during the 1941 conference in Cuba of the Inter-American Bar Association;[106] while its first session took place in Havana in 1945, offering lectures and roundtable discussions.[107] The Inter-American Academy had a curatorium with diverse representatives (v.gr., Carnegie Foundation, International Bar Association, University of Havana) and delegates from many American jurisdictions.[108] It is worth noting that Sánchez de Bustamante y Sirven was appointed honorary president and that a special homage was made to the late Brown Scott.[109]

The Inter-American Academy was based in Havana. It had as its main objectives the offering of specialized courses, the hosting of conferences, the sponsorship of scientific gatherings, and the publication of legal research that would stimulate comparative law.[110] In those lines, the academy organized a series of roundtables that gathered some of the fundamental actors behind the development of comparative law. The 1947 roundtable, for example, included participants mainly from Central and North America, many coming from Cuba, as would have been expected. Eder–a recurring actor during the period–participated of the discussions that took place during the 1947 roundtable.[111] The preliminary note to the 1947 volume that included the proceedings of the roundtable pointed to the value of attracting the curiosity of scholars from across the Americas into topics of undisputed interest.[112] The Inter-American Academy, according to a statement in the 1945 Tulane Law Review, was “bound to play a leading part in the unification of the laws of the Americas and in the promotion of intellectual cooperation and continental unity in this hemisphere.”[113] Indeed, these and other efforts gathered those who were interested in comparative law across the continent. Pan-American efforts–including conferences, publications, and teaching–amalgamated with those undertaken by actors and institutes at a jurisdictional echelon.

IV. Transatlantic Echelon [arriba] 

Comparative law scholars in the Americas and Europe engaged in an enriching dialogue at a transatlantic echelon. Actors, such as Lambert,[114] served as bridges for that dialogue across continents and systems during the period covered by this paper. In those lines, Lambert had put forward the idea of an Ibero-American institute,[115] aiming to link the Americas with Europe. Institutes likewise served as bridges. For example, the Lyon Bulletin offered accounts of comparative law developments in the Americas.[116] The Société de législation comparée also acted as a transatlantic platform during that period, with sections in the Americas, for example, in Cuba[117] and Peru.[118] Towards the end of the period covered in this paper, France had “taken an increased interest in legal developments in Latin America, as evidenced by frequent visits of prominent jurists and the organization of the Franco-Latin American Legal Conferences.”[119] All these efforts took place within the context offered by the International Academy of Comparative Law. There, the Americas were well represented, with Sánchez de Bustamante y Sirven being president from 1927 to 1950, to be followed by Pound during the period 1950 to 1955.[120] The World Congress of the International Academy took place in London in 1950, and was likewise enriched by the participation of American comparatists. For example, Pound read one of the papers in one of the two opening sessions.[121] Two landmarks can be mentioned when efforts are narrowed exclusively to the Atlantic world: the Ibero-American Institute of Comparative Positive Private Law and the first three Franco-Latin American Legal Conferences.

A. Ibero-American Institute

The Ibero-American Institute of Comparative Positive Private Law was established in Madrid in 1908.[122] The SLC Bulletin informed its readers that the organizing committee of that institute gathered renowned experts in the field.[123] Actors, such as Alejo García Moreno and Gumersindo de Azcárate, were amongst its founders.[124] García Moreno was a law professor and publicist,[125] while Azcárate was well read in the Americas and had engaged in epistolary exchanges with Wigmore.[126] The Ibero-American Institute aimed to capitalize the interest that was growing on the Latin world, which was even referred at that time as the “psychosis of the Latin world.”[127] In line with other institutes that were previously addresses in this paper, the 1908 effort expected to create and disseminate knowledge on comparative law, nurturing the dialogue amongst actors.[128] It further aimed to establish delegations in jurisdictions of the Americas and Asia, where the Iberian influence had reached, including, but not limited to, Argentina, Brazil, Chile, Cuba, Mexico, Venezuela, and the Philippines.[129] The institute devoted efforts to act as a forum to offer answers to pressing legal questions and to publish a law review informing on legislative developments, with a special care for events in Ibero-America.[130] The latter effort was materialized, while the former seemed not to have fully blossomed.[131]

The Ibero-American Institute was involved in the publication of the Revista de Legislación Universal y Jurisprudencia Española.[132] That law review had been launched in 1902;[133] had a broad scope, as indicated by its name; and was deemed of extraordinary quality in regards to theory and doctrine.[134] The editors of that law review considered it a forum for the study of comparative law[135] and devoted especial efforts to attend initiatives that could deal with Ibero-American integration.[136] The institute and the law review were closely connected, and subscription to the latter entailed membership of the former.[137] The Ibero-American Institute found in the law review a way to enhance its activities; while the law review, which had preceded it in time, found a means to survive.[138] In its drive to develop networks, the editors of the law review turned the attention towards the Americas and to the ideas of leading actors, such as those of Brown Scott regarding international law, even when not being fully in line with the earlier ideals of García Moreno.[139] After all, and as mentioned previously in this paper, the publication of bulletins was a core aspect for the emergence of institutes during the first half of the twentieth century on both sides of the Atlantic.

B. Franco-Latin American Legal Conferences

The Franco-Latin American Legal Conferences gained a place of pre-eminence amongst the comparative law developments at a transatlantic echelon. Even when these conferences did not trigger directly the establishment of a specific institute, they gather fundamental actors and institutes, attaining synergy and cultivating the study of comparative law. As stated by Arnoldo Wald in the pages of the 2016 RIDC, “the Franco-Latin American Legal Conferences set the first steps in the globalization of the study of comparative law.”[140] The first of these events was organized in Paris in April 1948, to be followed by gatherings in September 1948 in Montevideo and October 1950 in Toulouse.[141] These conferences fostered the introduction of a new methodological approach to comparative law[142] and paved the way for the establishment of the IALS.[143] They further welcomed the collaboration of law practitioners from both sides of the Atlantic, not being limited to studies written by specialists in isolation.[144] The first of these conferences gathered representatives from 14 Latin American countries, and as noted on the occasion of the 100 years of the Société de législation comparée, even when facing the challenges of transportation at that time.[145] These conferences resulted in an enriching exchange of reports, commentaries, and projects.[146] Above all, they offered a timely forum for a transatlantic dialogue amongst the actors behind the development of comparative law.

Actors, as in previous endeavours, were behind the completion of this transatlantic bridge. De Solá Cañizares took a leading role as adjoint secretary general of the first conference, having a solid background on Latin American studies.[147] In the obituary of this Spanish actor, David stated in the pages of the RIDC that de Solá Cañizares was the Franco-Latin American Legal Conferences.[148] De Solá Cañizares can be deemed a bridge across continents: making Latin American jurist known in France, and vice versa.[149] In addition, he was instrumental in the organization of scholarly visits on both sides of the Atlantic.[150] De Solá Cañizares had engaged in numerous publications,[151] and had therefore met the traits of the actors that shaped the development of comparative law during the period covered by this paper. David was likewise involved in the first conference, acting as one of the general rapporteurs, while Dantas, from Brazil, was one of the main speakers.[152] Other recurring actors were involved in the first conference,[153] as well as in the ones that followed. For example, the pages of the 1952 RIDC informed that Martínez Paz, from Córdoba, had “insisted on attending personally and took an active part in the discussions”[154] of the first conference. Institutes were also involved in these conferences, as expected from the recurrent efforts of the leading actors. Accordingly, the proceedings of the first conference refer to the adhesion of, amongst others, the previously mentioned institutes of Córdoba, Lyon, and Rio de Janeiro.[155] The interplay of actors was indeed very fruitful and triggered synergy for the development of comparative law.

V. Closing Remarks [arriba] 

Law is rarely shaped after one single occurrence, since multiple actors and events can trigger different mutations, even motivating paradigmatic shifts. Occurrences are tesserae of a mosaic that fills with colour with the synergy between actors and events. A collective understanding can be attained by looking at a number of actors and events, ultimately helping to explain a paradigmatic shift. A look into the Americas during the first half of the twentieth century aided to unveil some of the main traits around the development of institutes of comparative law. These institutes served as forums, resulting in a paradigmatic shift in the disciplinary development of comparative law. A comparative legal historical approach to these institutes, and to the comparatists that interacted within them, served as a reminder that narratives and uncontested dogmas ought to be challenged.

The journey across the Americas started by looking at the development of comparative law institutes at a jurisdictional echelon. At this echelon efforts were both localized (v.gr., Córdoba) and national (v.gr. US), and helped to develop the study of comparative law. Actors nurtured those efforts and shared some common traits (v.gr., cared for otherness, valued translations, welcomed émigrés), being innovative and having the ability to trigger synergy. These actors (v.gr., Dantas, Wigmore) ultimately helped to leave ostracism behind and to build bridges. Comparative law institutes indeed spread across the continent during the first half of the twentieth century.

Actors engaged in comparative law exercises also at a Pan-American echelon. They were able to disseminate and share their comparative law efforts in different forums while engaging in an enriching dialogue. For example, there was a common interest towards the establishment of a bar association that would link actors across the Americas. The actors behind that association did meet the traits of the early comparatists and were part of a network. At this echelon, there was also interest in the interaction within the framework offered by an academy that could offer specialized teaching and publications towards the disciplinary development of comparative law in the Americas. These and other efforts gathered actors that were interested in comparative law across the continent, and they built on existing efforts at a jurisdictional echelon. Legal ideas circulated as a consequence of these efforts and could be deemed part of a common narrative.

The dialogue amongst comparatists took place at a transatlantic echelon, moreover. The interest in other jurisdictions was present on both sides of the Atlantic and the institutes served as catalysers to facilitate the circulation of legal ideas. At this echelon, the paper first explained how an Ibero-American institute was able to outreach to comparatists by means of a law review (i.e., Revista de Legislación Universal y Jurisprudencia Española). Notably, bulletins and law reviews were tools to accelerate the disciplinary autonomy of comparative law, being a core aspect in the life of institutes during the first half of the twentieth century on both sides of the Atlantic. At this same echelon, the paper then addressed three conferences that invited for dialogue amongst the European and American narratives. These gatherings offered a place of pre-eminence to French comparatists within the transatlantic dialogue; they took place on both sides of the Atlantic; and they welcomed the collaboration between actors, many of whom were likewise active both at jurisdictional and Pan-American echelons.

Comparative law advanced in various American jurisdictions, many times led by the activities of recurring actors. Parallels can be identified in the comparative law efforts that took place across the Americas, yet each experience had its own particularities that merit attention. There was an active dialogue between actors, in the three echelons addressed in this paper. Looking at actors and events showed that circulation, pollination, and vernacular gestation of legal ideas occurred. Comparative law was nurtured within the institutes that quickly multiplied on both sides of the Atlantic. These institutes acted as forums and even as laboratories for comparatists to develop legal ideas and new methods. Networks of comparatists emerged and were able to accelerate the development of comparative law as a discipline. Actors during the second half of the century could only but benefit from the foundations that were laid by the earlier institutes of comparative law in the Americas.

 

 

Notes [arriba] 

* Associate Professor, Faculty of Law, Maastricht University (The Netherlands); LLB, LLD, Universidad de Buenos Aires (Argentina); LLM, Louisiana State University (USA); PhD, Maastricht University; Corresponding Member, Instituto de Derecho Comparado, Academia Nacional de Derecho y Ciencias Sociales de Córdoba (Argentina).
This paper was presented at the conference “L’Institut de droit comparé Édouard Lambert dans le siècle,” that took place on 7-8 October 2021, at the Université Jean Moulin Lyon 3 (France). A French-language version of this paper was published in the proceedings of that academic gathering, at A. Parise, “Le développements des instituts de droit comparé dans les Amériques (1900-1950)”, F. Ferrand and O. Moréteau (eds), L’Institut de droit comparé Édouard Lambert dans le siècle: Actes du colloque du centenaire de l’Institut de droit comparé de Lyon 7 et 8 octobre 2021, Paris, Société de législation comparée, 2022, pp. 83-103.
The drafting of this paper benefited from conversations with participants of the above-mentioned conference and with Julieta Marotta de Parise. The research for this paper was made possible by the work of several librarians, mainly, Paula Hermans, Germain Ivanoff-Trinadtzaty, and Ine Verbeet. The author is especially indebted to José Daniel Cesano for facilitating information on the comparative law efforts that took place in Córdoba. 

[1] See, for example, A. Parise, “An Endless Web of Jurists for the Development of Comparative Legal History: John H. Wigmore, the Committee on Legal History of the AALS, and the Continental Legal History Series”, Tulane European & Civil Law Forum, 37, 2022, pp. 139-199.
[2] A. Parise, “Las bibliotecas jurídicas como herramientas fundamentales del Derecho Comparado: El caso de Schmidt en la Luisiana del siglo XIX”, Revista de Derecho Comparado, 15, 2009, p. 197.
[3] K. Zweigert and H. Kötz, An Introduction to Comparative Law, 3rd ed., Oxford, OUP, 1998, p. 34.
[4] A. Parise, “La imperiosa remisión al derecho comparado en las investigaciones de carácter jurídico”, Revista Universitaria La Ley, 4:6, 2002, p. 37.
[5] A. Parise and M. Dyson, “Editorial”, Comparative Legal History, 9, 2021, p. 125.
[6] M. Koskenniemi and V. Kari, “A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century)”, H. Pihlajamäki et al. (eds), The Oxford Handbook of European Legal History, Oxford, OUP, 2018, p. 996.
[7] The International Association of Legal Science (first known as the International Committee of Comparative Law), by 1951, had triggered the development of national committees of comparative law in 18 jurisdictions, of which eight were in the Americas: Argentina, Brazil, Chile, Haiti, Nicaragua, Peru, United States of America, and Uruguay (A. Coudert, “International Committee of Comparative Law”, American Journal of Comparative Law, 1, 1952, p. 192). That association was “entrusted with work regarding the study of social tensions (“The Program of the United Nations Educational Scientific and Cultural Organization. Abstracts from the Draft Program Relating to Social Sciences”, The American Statistician, 4:2, 1950, p. 16). See also A. Wald, “70 ans de droit comparé, L’actualité de la contribution de René David et de San Tiago Dantas”, Revue internationale de droit comparé RIDC, 68, 2016, p. 517.
[8] É. Lambert and M. J. Wasserman, “The Case Method in Canada and the Possibilities of Its Adaptation to the Civil Law”, Yale Law Journal, 39, 1929, p. 18.
[9] É. Lambert, “L'Enseignement du Droit comparé. Sa coopération au rapprochement entre la Jurisprudence française et la Jurisprudence anglo-américaine”, Annales de l’Université de Lyon, nouv. série, II, Droit, Lettres, Lyon, Paris, Rousseau, 1919, pp. 97-113.
B. Landheer, “Comparative Law In Latin-America”, American Bar Association Journal, 27:2, 1941, p. 77.
[11] See the reference to the corresponding membership of Alberto M. Justo in, A. M. Justo, “Le droit comparé et la formation d’une conscience juridique interaméricaine”, Bulletin de l'Institut de droit comparé de Lyon, 3 année, 1940, p. 29.
[12] A. M. Justo, Perspectivas de un programa de derecho comparado, Buenos Aires, El Ateneo, 1940, p. 31.
[13] See generally C. Fillon, “Édouard Lambert – L’homme et le fondateur de l’Institut de droit compare”, F. Ferrand and O. Moréteau (eds), L’Institut de droit comparé Édouard Lambert dans le siècle: Actes du colloque du centenaire de l’Institut de droit comparé de Lyon 7 et 8 octobre 2021, Paris, Société de législation comparée, 2022, pp. 43-73.
[14] On this institute and its main actor during the period covered by this paper, see the comprehensive study by J. D. Cesano, Enrique Martínez Paz y el Instituto de Derecho Comparado: un espacio de sociabilidad en la formación de la cultura jurídica de Córdoba, Córdoba, Ediciones Lerner, 2018.
[15] D. F. Esborraz, “La individualización del subsistema jurídico latinoamericano como desarrollo interno propio del sistema jurídico romanista. (II): La contribución de la ciencia jurídica argentina en la primera mitad del siglo XX”, Roma e America, 24, 2007, p. 58; F. de Solá Cañizares, “Le Droit Comparé en Amérique Latine”, Bulletin de la Société de législation comparée, 70, 1947, p. 236.
[16] É. Lambert, “Activité des centres de Droit comparé. Notice sur le nouvel Institut de Droit Comparé de Córdoba”, Bulletin de l’Institut de Droit Comparé, 2, 1939, pp. 69-72; Esborraz, supra note 15, p. 63.
Jorge A. Núñez also informed readers of the events in Córdoba through the pages of the Lyon Bulletin. See J. A. Núñez, “Directíves de I'Institut de Droit Comparé de Córdoba”, Bulletin de l’Institut de Droit Comparé, 3, 1940, pp. 21-28.  
[17] É. Lambert, supra note 16, pp. 69-70; D. F. Esborraz, supra note 15, p. 63.
[18] “Les Instituts de droit comparé en Argentine”, RIDC, 9, 1957, pp. 569-570.
[19] F. de Solá Cañizares, supra note 15, p. 237.
B. Landheer, supra note 10.
[21] J. D. Cesano, “Redes intelectuales y recepción en la cultura jurídico penal de Córdoba (1900–1950)”, Rechtsgeschichte, 20, 2012, p. 164. See also J. D. Cesano, supra note 14, pp. 90-94.
[22] See generally J. D. Cesano, Viajeros y traductores: circulación de ideas en la formación de la cultura jurídico penal de Córdoba. Luis Jiménez de Asúa y Robert Goldschmidt 1923/1952, Córdoba, Ediciones Lerner, 2015.
[23] Roberto Goldschmidt moved from Argentina to Venezuela in 1953. His active network extended to America, Africa, and Europe, and he collaborated with colleagues from different jurisdictions, such as Phanor J. Eder. See M. Ancel, “Roberto Goldschmidt”, RIDC, 19, 1967, pp. 485-486; P. Lepaulle, “Roberto Goldschmidt et Phanor J. Eder.- El fideicomiso”, RIDC, 8, 1956, p. 483.
[24] On the life and work of Marcello Finzi, with special attention to the time in Córdoba, see J. D. Cesano, Marcello Finzi. La inclusión de un penalista exiliado en la cultura jurídica de Córdoba, Córdoba, Ediciones Lerner, 2014.
[25] J. D. Cesano, supra note 14, p. 101.
[26] S. Bijon, “Les études de droit comparé aux États-Unis vues par un juriste latin”, Bulletin de la Société de législation comparée, 70, 1947, p. 117.
[27] See the reference to the presence of comparative law in those two bulletins. See J. D. Cesano, supra note 14, pp. 123-124.
[28] D. F. Esborraz, supra note 15, pp. 61-62.
[29] “Institut de droit comparé de l'Université de Cordoba (Argentine)”, RIDC, 4, 1952, p. 304.
[30] See, for example, J. D. Cesano, supra note 24, pp. 87-91.
[31] See generally J. D. Cesano, supra note 14, pp. 59-77.
[32] J. D. Cesano, supra note 14, p. 30.
[33] D. F. Esborraz, supra note 15, pp. 67-76.
[34] See generally, J. D. Cesano, supra note 22, pp. 83-137.
[35] See J. D. Cesano, supra note 22, pp. 105-121.
[36] See generally the thorough study in J. D. Cesano, supra note 24.
[37] David S. Clark studied extensively the developments in the US. On this period, see for example, D. S. Clark, “American Participation in the Development of the International Academy of Comparative Law and Its First Two Hague Congresses”, American Journal of Comparative Law, 54 Issue Suppl., 2006, pp. 1-21.
[38] D. S. Clark, “Establishing Comparative Law in the United States: The First Fifty Years”, Washington University Global Studies Law Review, 4, 2005, p. 584.
[39] D. S. Clark, supra note 38, p. 584.
[40] D. S. Clark, supra note 38, p. 584.
[41] D. S. Clark, supra note 38, p. 584.
[42] S. S. Brostoff, “The Spanish Craze in American Comparative Law and the Formation of Mixed Legal Systems in Puerto Rico and The Philippines, 1898-1918”, Tulane European and Civil Law Forum, 34, 2019, p. 41.
[43] D. S. Clark, supra note 38, p. 584.
[44] D. S. Clark, supra note 38, p. 584.
[45] D. S. Clark, supra note 38, p. 584.
[46] D. S. Clark, supra note 38, p. 585.
M. Ancel, “Phanor J. Eder”, RIDC, 24, 1972, pp. 701-702; D. S. Clark, supra note 38, pp. 585 and 590.
[48] See supra note 29, and accompanying text.
[49] D. S. Clark, supra note 38, p. 585.
[50] See A. Kocourek, “John Henry Wigmore”, The Green Bag, 24(1), 1912, p. 3; W. R. Roalfe, John Henry Wigmore: Scholar and Reformer, Evaston, Northwestern University Press, 1977; A. Parise, “John H. Wigmore (1863-1943): Un mosaico que ilustra sobre el desarrollo del estudio comparado de la historia del derecho”, 82 Revista de Derecho de la Universidad Católica de Perú, 82, 2019, pp. 205-238.
[51] D. S. Clark, “The Modern Development of American Comparative Law: 1904-1945”, American Journal of Comparative Law, 55, 2007, pp. 591 and 608.
On the early years of the Bureau, see D. S. Clark, supra note 38.
[52] D. S. Clark, supra note 37, p. 15; D. S. Clark, supra note 51, p. 613; W. R. Roalfe, “John Henry Wigmore 1863-1943”, Northwestern University Law Review, 54, 1963, p. 450.
[53] W. S. Holdsworth, Some Lessons from our Legal History, New York, Macmillan, 1928, p. 190.
[54] See, for example, his work on the Modern Criminal Science Series, the Modern Legal Philosophy Series, and the Continental Legal History Series. See Parise, supra note 50, p. 222; C. Petit, “Lombroso en Chicago. Presencias europeas en la Modern Criminal Science Americana”, Quaderni fiorentini, 36, 2007, p. 801; C. Petit, “Altamira en Chicago”, R. Altamira, Spain. Sources and Development of Law, Madrid, Dykinson, 2018, p. xi; C. Petit, “John H. Wigmore and European Culture in the Progressive Era”, Clio@Thémis 16, 2019.
[55] T. F. Konop et al, “Committee on Memorials”, Association of American Law Schools 1943 Handbook, Columbus, Heer, 1944, p. 241; A. Porwancher, “Book Review”, Law and History Review, 34, 2016, p. 820; A. Riles, “Encountering Amateurism: John Henry Wigmore and the Uses of American Formalism”, A. Riles (ed), Rethinking the Masters of Comparative Law, Oxford, Hart, 2001, p. 97.
[56] K. Graham, “The Refugee Jurist and American Law Schools, 1933-1941”, American Journal of Comparative Law, 50, 2002, p. 805.
[57] T. F. Konop et al, supra note 55, p. 241.
[58] A. Kocourek, supra note 50, p. 5.
[59] R. D., “Ph. Eder, A comparative survey of Anglo-American and Latin-American Law”, RIDC, 3, 1951, p. 196.
[60] The American Journal of Comparative Law informed that the New York University institute was established “with the support of United States business corporations trading with Latin America, which have provided fellowships for young lawyers from Latin-American countries, the Institute has developed a special program to teach to graduate civilians within a year's time the major topics of the Anglo-American legal system on a comparative basis.” “Inter-American Law Institute of New York University School of Law”, American Journal of Comparative Law, 2, 1953, p. 293.
[61] “Un Institut de droit comparé en Louisiane”, RIDC, 2, 1950, p. 145.
[62] F. F. Stone, “El Instituto de Derecho Comparado de Tulane. Informe de los primeros diez años”, Inter-American Law Review, 1, 1959, p. 216.
J. J. Morrison, “Editorials”, Tulane Law Review, 7, 1932, pp. 96-97.
[64] See also H. Valladão, “O estudo e o ensino do direito comparado no Brasil: séculos XIX e XX”, Revista de informação legislativa, 8:30, 1971, pp. 3-14.
[65] A. Wald, “Le droit comparé au Brésil”, RIDC, 51, 1999, p. 835.
[66] F. de S. C., “Un Institut de Droit Comparé à Sao-Paulo”, RIDC, 1, 1949, pp. 451-452.
[67] A. Wald, supra note 65, p. 835.
[68] A. Wald, supra note 7, p. 526.
[69] “Création de l'Institut Brésilien de droit comparé et d'études législatives”, RIDC, 1, 1949, p. 446.
[70] Haroldo Valladão was a fundamental actor beyond the period covered by this paper. See H. Valladão, supra note 64, p. 11; F. Ovídio, “Aspectos do direito comparado”, Revista da Faculdade de Direito, Universidade de São Paulo, 79, 1984, p. 176; A. Wald, supra note 65, pp. 836-837; O. Martins Gomes, “Instituto de Direito Comparado da Universidade do Paraná”, Revista da Faculdade de Direito UFPR, 6, 1958, p. 89.
[71] H. Fix-Zamudio, “La modernización de los estudios jurídicos comparativos”, Boletín Mexicano de Derecho Comparado, 64, 1989, p. 85.
[72] H. Fix-Zamudio, supra note 71, p. 85. 
[73] Felipe Sánchez-Román y Gallifa arrived to Mexico in 1939, seeking the liberty and independence he could not attain in his country. See A. García-López Santaolalla, “Sexagésimo aniversario del Boletín Mexicano de Derecho Comparado”, Boletín Mexicano de Derecho Comparado, special issue, 2008, p. 419; “L'activité de l'Institut de droit comparé de Mexico”, RIDC, 18, 1966, pp. 915-916.
[74] H. Fix-Zamudio, supra note 71, p. 87.
[75] J. B., “L'essor du droit comparé en Amérique latine”, Bulletin de la Société de législation comparée, 70, 1947, p. 121; H. Fix-Zamudio, supra note 71, p. 89.
[76] F. de Solá Cañizares, supra note 15, p. 239.
[77] H. Fix-Zamudio, supra note 71, p. 89.
[78] F. C. Auld, “Comparative Law”, Canadian Bar Review, 26-1, 1948, p. 352.
[79] É. Lambert and M. J. Wasserman, supra note 8.
[80] “Centre de droit comparé de l'Université de Toronto (Canada)”, RIDC, 4, 1952, p. 755.
[81] “Le Centre canadien de droit comparé de l'Université d'Ottawa”, RIDC, 15, 1963, p. 572.
[82] See https://www.mcgill.ca/icl/history.
[83] See D. F. Esborraz, supra note 15, pp. 64-65.
For example, a Research Section on Comparative Law was established at the Central University in Ecuador in 1951. See “Le droit comparé à l'Université centrale de l'Equateur”, RIDC, 3, 1951, p. 674; “Le Bulletin de la Section de recherches de droit comparé de l'Université Centrale de l'Equateur”, RIDC, 5, 1953, p. 571.
[84] O. Martins Gomes, supra note 70, p. 88; J. B., supra note 75, p. 120; F. de Solá Cañizares, supra note 15, p. 237.
[85] D. F. Esborraz, supra note 15, p. 64.
[86] F. de Solá Cañizares, supra note 15, p. 229.
[87] F. de Solá Cañizares, supra note 15, p. 236.
[88] F. de Solá Cañizares, supra note 15, p. 236.
[89] H. L. Clagett, A Guide to the Law and Legal Literature of Argentina 1917-1946, Washington, Library of Congress, 1948, p. 28. See also S. S. Brostoff, supra note 42, p. 42.
[90] S. S. Brostoff, supra note 42, p. 41.
[91] They were also referred to as Inter-American Conferences. See also F. de Solá Cañizares, supra note 15, p. 229.
[92] F. de Solá Cañizares, supra note 15, pp. 229-230.
[93] F. de Solá Cañizares, supra note 15, pp. 229-230.
[94] F. de Solá Cañizares, supra note 15, pp. 229-230.
[95] F. de Solá Cañizares, supra note 15, p. 231.
[96] F. de Solá Cañizares, supra note 15, p. 231.
[97] F. de Solá Cañizares, supra note 15, p. 231.
[98] F. de Solá Cañizares, supra note 15, p. 231.
[99] F. de Solá Cañizares, supra note 15, pp. 232-233.
E. J. Couture, “Nature of Judicial Process”, Tulane Law Review, 25, 1950, p. 1.
[101] R. G. Huber, “Eduardo J. Couture: In Memoriam 1904-1956”, Tulane Law Review, 31, 1957, p. 321.
[102] See supra note 34, and accompanying text.
[103] See supra note 10, and accompanying text.
[104] R. G. Huber, supra note 101, p. 321.
[105] F. de Solá Cañizares, supra note 15, p. 234.
[106] F. de Solá Cañizares, supra note 15, p. 234.
[107] A. de Castro, “Inter-American Academy of Comparative and International Law: Inauguration and First Session”, Tulane Law Review, 20, 1945, pp. 112-113.
[108] See for example the members of the curatorium in the inside cover of Debates de Mesa Redonda 1947, 1, Havana, Academia Internacional de Derecho Comparado e Internacional, 1947; de Casto, supra note 107, p. 113.
[109] A. de Castro, supra note 107, p. 115.
[110] F. de Solá Cañizares, supra note 15, p. 234; A. de Casto, supra note 107, pp. 112-113.
[111] Debates de Mesa Redonda, supra note 108, pp. 7-8.
[112] Debates de Mesa Redonda, supra note 108, p. 5.
[113] A. de Castro, supra note 107, p. 112.
[114] For example, the Tulane Law Review informed of the death of Édouard Lambert, stating that “Anglo-American law has lost one of its most understanding and constructively critical continental students.” F. F. Stone, “Professor Edouard Lambert”, Tulane Law Review, 23, 1949, p. 381.
[115] D. F. Esborraz, supra note 15, p. 63; É. Lambert, supra note 16, p. 70.
[116] See generally the contents of the different volumes of the Lyon Bulletin.
[117] “Section des langues latines”, Bulletin de la Société de législation comparée, 68, 1939, p. 381.
[118] “Le groupe péruvien de la Société de Législation Comparée”, RIDC, 2, 1950, pp. 361-368.
The RIDC informed in 1950 that the Revista Jurídica del Perú was published by that section. See “Une nouvelle revue juridique Péruvienne”, RIDC, 2, 1950, p. 356.
[119] K. H. Nadelmann, “Book Reviews”, University of Pennsylvania Law Review, 97, 1949, p. 579.
[120] See https://aidc-iacl.org/president/.
[121] F. F. Stone, “The International Congress of Comparative Law”, Tulane Law Review, 25, 1950, p. 98.
[122] C. Sansas, “Comptes rendus d’ouvrages”, Bulletin de la Société de législation comparée, 39, 1910, p. 229.
[123] C. Sansas, supra note 122, p. 229.
[124] “The Ibero-American Institute of Comparative Positive Law”, American Journal of International Law, 3, 1909, pp. 979-980.
[125] On the life and work of Alejo García Moreno, see generally B. Clavero, “Legislación Universal para Pueblos Modernos, 1868-1914”, V. Tau Anzoa?tegui (ed), La revista jurídica en la cultura contemporanea, Buenos Aires, Ciudad Argentina, 1997, p. 31.
[126] C. Petit (Altamira en Chicago), supra note 54, pp. xxi, lvii, lxxviii and lxxx.
[127] “The Ibero-American Institute of Comparative Positive Law”, supra note 124, p. 979.
[128] “The Ibero-American Institute of Comparative Positive Law”, supra note 124, p. 980.
[129] B. Clavero, supra note 125, p. 43.
[130] “The Ibero-American Institute of Comparative Positive Law”, supra note 124, p. 980.
[131] B. Clavero, supra note 125, p. 45.
[132] F. Liendo Tagle, Prensa jurídica española. Avance de un repertorio (1834-1936), Madrid, Dykinson, 2020, p. 162.
[133] B. Clavero, supra note 125, p. 37; F. Liendo Tagle, supra note 132, p. 161.
[134] F. Liendo Tagle, supra note 132, p. 162.
[135] C. Petit (Altamira en Chicago), supra note 54, p. xxxviii.
[136] B. Clavero, supra note 125, p. 42.
[137] B. Clavero, supra note 125, p. 43.
[138] B. Clavero, supra note 125, p. 43.
[139] B Clavero, supra note 125, p. 44.
[140] A. Wald, supra note 7, p. 530.
[141] See “Les Journées franco-latino-américaines de droit comparé (Montevideo, septembre 1948)”, RIDC, 2, 1950, pp. 551-559; “Journées de droit Franco-Latino-Américaines, Toulouse 1950”, RIDC, 1, 1949, p. 441. Other gatherings followed beyond the period covered by this paper.
A. Wald, supra note 7, p. 518.
[143] A. Wald, supra note 7, p. 525.
A. Wald, supra note 7, p. 518.
[145] “Le Centenaire de la Société de législation comparée (1869-1969)”, RIDC, 20, 1968. pp. 756-757.
[146] R. Molina Pasquel, “Veinticinco años de evolución del Derecho Comparado: 1940-1965”, Boletín Mexicano de Derecho Comparado, 4, 1969, p. 67.
[147] “Travaux des Journées de Droit Franco - Latino - Américaines”, Bulletin de la Société de législation comparée, 71, 1948, p. 510.
[148] R. David, “Felipe de Solá Cañizares (1905-1965)”, RIDC, 17, 1965, p. 569.
[149] R. David, supra note 148, pp. 569-570.
[150] R. David, supra note 148, pp. 569-570.
[151] R. David, supra note 148, pp. 578-582.
A. Wald, supra note 7, p. 517.
[153] See the liste des Adhérents in “Travaux des Journées de Droit Franco - Latino - Américaines”, supra note 147, pp. 513-515.
[154] “Enrique Martínez Paz”, RIDC, 4, 1952, p. 355.
[155] “Travaux des Journées de Droit Franco - Latino - Américaines”, supra note 147, pp. 521-522.