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Professor David Sugarman

Emeritus

David Sugarman

Bowland North

Lancaster University

Bailrigg

Lancaster LA1 4YN

United Kingdom

Tel: +44 1524 592474

Location:

Research overview

He teaches and writes on legal history, the legal profession, legal education, corporate law, international human rights and European anti-discrimination law.  

He has undertaken research for inter-governmental organisations, government departments and NGO’s, most recently the European Court of Justice (2011 and 2013), the European Court of Human Rights (2011 and 2013) and the European Union Parliament Women's Rights and Gender Equality Committee (2012 and 2013). 

He has written and/or edited 18 books and written over 90 articles and book chapters.  He has also published articles in The Times, Guardian, Santiago Times (Chile), Open Democracy and El Mostrador and contributed to TV (such as ITN and CNN) and radio (e.g., BBC Radio 4 and Vienna Public Radio).

Professor Sugarman is a Fellow of the Royal Historical Society.  He has been a Visiting Professor in Canada, Germany, Japan, Spain, and the USA, and he has delivered over 300 invited lectures in more than 20 countries.

Research Interests

EDUCATION

Having gained an undergraduate law degree (LLB) at Hull University, he completed graduate work in law at Cambridge University as a William Senior Scholar in Comparative Law (LLM and Diploma in Comparative Legal Studies), and Harvard Law School (LLM), where he was awarded a doctorate (SJD).

SCHOLARSHIP  

His writing and teaching engages with law, history, politics and society.  He has written and taught on legal history, the legal profession, legal education, corporate law, international human rights (with particular reference to the national and transnational struggle to prosecute Augusto Pinochet, and the "human rights turn" in Post-Pinochet Chile) and European anti-discrimination law. 

He has undertaken research for inter-governmental organisations, government departments and NGO’s, most recently the European Court of Justice (2011 and 2013), the European Court of Human Rights (2011 and 2013) and the European Union Parliament Women's Rights and Gender Equality Committee (2012 and 2013). 

He has written and edited 18 books, and has written over 90 articles and book chapters.  He has contributed to the:

· New Oxford Companion to Law,

· Oxford Encyclopedia of Economic History,

· Oxford Reader's Companion to Charles Dickens,

· Blackwell Companion to the Enlightenment.

He has also published articles in a broad range of outlets including:

· The Times,

· The Guardian,

· The Santiago Times (Chile),

· Open Democracy,

· The North American Congress on Latin America (NACLA),

· Amnesty International (Chile) and

· El Mostrador (Chile).

His work has been translated into French, German, Italian, Japanese and Spanish.

PUBLICATIONS, RECENT AND IN PRESS

Books

Linda Mulcahy and David Sugarman (eds.). Legal Life Writing: Marginalised Subjects and Sources.  A special issue of the Journal of Law and Society spring 2015. 

Linda Mulcahy and David Sugarman (eds.). Legal Life Writing: Marginalised Subjects and Sources.  Chichester: Wiley, spring 2015. 

Sylvia Walby, David Sugarman et al, Stopping Rape. An Overview of the Worldwide Best Practices for Rape Prevention and for Assisting Women Victims of Rape.  Bristol: Policy Press, 2015

Essays and Articles 

David Sugarman, “Theory and practice in law and history: a prologue to the study of the relationship between law and economy from a socio-historical perspective.”  In Legal Theory and Legal History.   Maksymilian Del Mar and Michael Lobban (eds.,).  (Farnham: Ashgate, 2014) 443-479.

Linda Mulcahy and David Sugarman, “Legal Life Writing: Marginalised Subjects and Sources.”  In Legal Life Writing: Marginalised Subjects and Sources (spring 2015) above.

David Sugarman, “From Legal Biography to Legal Life-Writing: Broadening Conceptions of Legal History and Socio-Legal Scholarship.” In Legal Life Writing: Marginalised Subjects and Sources (spring 2015) above.

 

David Sugarman, “The Problematic Role of History in English Legal Scholarship and Culture”.  In Law, Theory and History: New Essays on a Neglected Dialogue.  Maksymilian Del Mar and Michael Lobban (eds.,). (Oxford: Hart Publishing, spring 2015).

 

 

Professor Sugarman is a Fellow of the Royal Historical Society.  He has been a Visiting Professor in Canada, Germany, Japan, Spain, and the USA, and he has delivered over 300 invited lectures in more than 20 countries.

 

COLLABORATION WITH RESEARCH USERS

He has completed research for government departments, inter-governmental bodies and briefed non-governmental organisations on international human rights issues, European anti-discrimination law and with respect to legal services and the legal profession.

International Human Rights and European Anti-Discrimination Law

  • He is a member of a group of international scholars led by Professor Sylvia Walby OBE that won the right to bid as a preferred contractor for research funds from the European Union Parliament Women's Rights and Gender Equality (FEMM) Committee.  He contributed to Gender Quotas in Management Boards (The European Parliament – Committee on Gender Equality, 2012) and co-authored the Report, Overview of the worldwide best practices for rape prevention and for assisting women victims of rape (The European Parliament – Committee on Gender Equality, 2013), to be published as Stopping Rape. An Overview of the Worldwide Best Practices for Rape Prevention and for Assisting Women Victims of Rape.  Bristol: Policy Press, 2015.
  • He was one of the consultants commissioned by the European Court of Justice and European Court of Human Rights to write the Handbook on European Law Relating to Asylum, Borders and Immigration published in 2013. 

  • He was commissioned by the European Court of Justice and European Court of Human Rights to write the Handbook of European Non-Discrimination Law (with Dr Mark Butler) published in 2011. 

  • He visited Chile in May 2008 to observe and assess the work of the recently established Criminal Public Defenders (Defensoria Penal Publica) at the invitation ofthe Defensoria and the British Council (Chile). For press coverage see articles in Cavancha (6 May), La Estrella (8 May) and Denfensoria press statements:

http://www.cavancha.cl/index.php?option=com_content&task=view&id=4554&Itemid=2

www.estrellaiquique.cl/

http://www.defensoriapenal.cl/interior/noticias/dpp.php?id=3917

http://www.defensoriapenal.cl/interior/noticias/dpp.php?id=3916

>

  • He has published popular articles on the domestic and transnational struggles to bring Augusto Pinochet to justice, the Pinochet precedent, and the Pinochet-era human rights trials in Chile, in a broad range of outlets including The TimesThe Guardian, the Santiago TimesOpen Democracythe North American Congress on Latin America (NACLA), Amnesty International (Chile), El Mostrador (Chile), and has acted as a consultant to and occasionally appeared on a wide range of documentary and television and radio programmes addressing these topics including CNN, Channel Four News, BBC News 24, BBC World Service, Deutsche welle and Austrian Public Radio. He has also been quoted in newspaper and Web-based media including: The Observerthe Independentthe Santiago Times (Chile); the Belfast Telegraph; and the Malaysia News.

 

Legal Services and the Legal Profession.

  • His scholarship, and an expert opinion he wrote for the Law Society, were referred to and formed part of the arguments addressed to the Court of Appeal and Supreme Court in R (on the application of Prudential plc and another) (Appellants) v Special Commissioner of Income Tax and another (Respondents) [2013] UKSC 1 on appeal from [2010] EWCA Civ 1094.  The case concerned the scope of lawyers' professional privilege and whether it should be extended to accountants.

  • He was commissioned by the Association of Personal Injury Lawyers (APIL) to undertake research on The Burden of Proof in Personal Injury Cases in Western Europe and in European Union Law: A Legal and Socio-Legal Analysis, which was completed in 2001 (Report approx. 60,000 words).

Legal History

He has been consulted on the history of English law and legal institutions by English Heritage, BBC TV - Timewatch, the documentary film, "Scandalous Women", the genealogy documentary series, "Who Do You Think You Are?" and the period drama series, "Father Brown".  He appeared on the BBC Radio Four Series, "Major Victorian legislation, and how it changed British society."

He was involved in the making of the BBC Radio Four series, "Voices from the Old Bailey" (July-August 2011), examining how far the law gave everyone a fair trial, from the lowest to the highest in society:

http://www.bbc.co.uk/iplayer/episode/b01380pf/Voices_from_the_Old_Bailey_Series_2_Whose_Law_Is_It_Anyway/

 

Appeared in and legal history consultant for, “Secrets from the Clink”, a programme on the history of crime and punishment, broadcast on Independent Television (ITV1) on 6 August 2014 at 9pm:

https://www.itv.com/itvplayer/secrets-from-the-clink/series-1/episode-1

http://www.express.co.uk/entertainment/tv-radio/494126/Mariella-Frostrup-Secrets-From-The-Clink-ITV

http://www.nottinghampost.com/TV-star-s-Clink-link/story-22054391-detail/story.html


Member of a project on “Legal Biography”, with the British Library, the Institute of Advanced Legal Studies (London), the Socio-Legal Studies Association and the LSE Legal Biography Project.  Co-editor (with Linda Mulcahy, LSE) of a Special Issue of the Journal of Law and Society on Legal Life Writing: Marginalised Subjects and Sources, to be published in spring 2015.     

Core Member, "Dynamics of Memories" Research Group. This international and interdisciplinary group investigates the politics of memory. Funding has been awarded by the Institute of Advanced Studies, Lancaster University,the European Science Foundation and the AHRC.A Colloquium on "Memory and Justice" was organised at Lancaster University in 2009. See, further, http://www.lancs.ac.uk/fass/groups/dynamicsofmemories/

Co-Director, "Conceptualising the contemporary 'professions': interdisciplinary debates". An Economic and Social Research Council (ESRC)-funded Research Seminar Programme, bringing together scholars, practitioners, regulators and consumer representatives from Britain and abroad. Bid for funding prepared with colleagues in Lancaster's Geography Department, Leeds University Business School, the Geography Department of the University of Nottingham, and the Cass Business School of City University. 2009-10. For further details, please see: http://www.contemporaryprofessions.com/

Co-Director, The Lancaster Professions Network. This Network is designed to bring together academics from across the university interested in, broadly defined, the professions. The new network has two substantive aims: To bring Lancaster academics together to share expertise and ideas; and to generate interactions between Lancaster academics and practitioners. Members of the network are drawn from across the University. 2008- . See, further, http://www.lancs.ac.uk/professions/

ALLIED ACTIVITIES

Fellow of the Royal Historical Society;

Visiting Senior Research Fellow, Institute of Advanced Legal Studies, School of Advanced Studies, London University;

Research Affiliate, Centre for Comparative Legal History, Macquarie Law School.

 

INVITED LECTURES

He has delivered over 300 invited lectures in more than 20 countries.  Recent lectures include:

UNITED KINGDOM 

“(Re)-Contextualising Dicey”.  Conference, “Dicey’s Lost Lectures on Comparative Constitutionalism”.  W.G. Hart Workshop on Legal Education and Training.  Institute of Advanced Legal Studies, London.  23 June 2014.

Albert Venn Dicey: Beyond the Good/Bad Dichotomy”.  Conference, “Dicey’s Lost Lectures on Comparative Constitutionalism”.  Cambridge University Law Faculty.  16 May 2014. 

The Future of the Legal Profession: Can Research Help the Future of the Legal Profession?”  Panelist. Conference, ‘The Futures of Legal Education and the Legal Profession’.  Centre for Professional Legal Research Education and Research, Birmingham University Law School.  18 October 2013.   

The Good, the Bad and the Worthy: Alternative Visions of Legal Biography”. Legal Biography: A National Socio-Legal Training Day Workshop. Institute of Advanced Legal Studies, London.  Organised by the British Library, the Institute of Advanced Legal Studies and the Socio-Legal Studies Association.  15 May 2013.

Prosecuting Dictators and Prime Ministers for Human Rights Crimes: from Nuremburg to Pinochet to Blair”.  Lancaster Royal Grammar School and Lancaster Girls Grammar School Extra-Curriculum Talk and Debate. Lancaster Royal Grammar School. 10 December 2012.

A Collision Between Law And Politics: The Secret History Of The Pinochet Case, 1998–2000”.  International Law Association (British Branch) Regional Seminar Series on International Law.  University of Nottingham Law School. 17 October 2012.

"A.W.B. Simpson in Context: The Life of Brian".Lecture. Legal Biography Group, Law School, London School of Economics, 22 May 2012.

"A Collision between Law and Politics. The Pinochet Case, 1998-2000". Lecture. Centre for Contemporary British History. King's College, London. 9 May 2012. 

Reflecting on Simpson’s Reflections.”  Workshop – “Reflections on Reflections: A.W.B. Simpson on HL.A. Hart”, University of Nottingham Law School, 10 February 2012. 

“A.W.B. Simpson in Context: The Life of Brian”. Plenary Lecture. British Legal History Conference, University of Cambridge, 15 July 2011.

"Amnesty International: Past, Present and Future". A Public Lecture reflecting on Amnesty Internationals 50th Birthday". The Dukes Theatre and Cinema, Lancaster, 24 May 2011. Co-organised with Amnesty International.

“The Law Lords, Amnesty International and the Pinochet Case: What Happened and Why?”.  Special Public Lecture.  The Institute of Advanced Legal Studies, University of London and The Centre for Law and Society, Lancaster University in association with The British Institute of International and Comparative Law; The Centre for Contemporary British History @ Kings College, London; The Institute for the Study of the Americas, University of London; The Legal History Section of the Society of Legal Scholars and SOLON.   Institute of Advanced Legal Studies, London, 25 November 2010. 

’A Hatred of Disorder’.  Liberty and Legal Science in England since 1850”.  The Geneology of Liberty.  Conference in Honour of Quentin Skinner.  Institute of Advanced Study, Lancaster University, 11 November 2010.   

“A Special Relationship?  The Reciprocal Interplay between English and American Legal Scholarship and Education, c. 1950-1990.”  Plenary Lecture. Legal Education and Scholarship: Past, Present and Future.  Conference in Honour of William Twining.  Institute of Advanced Legal Studies, London, 20 October 2010.  

The ‘Law in Context’ Book Series:  An Historical  Assessment”.  Workshop on the ‘Law in Context’ Book Series.   Institute of Advanced Legal Studies, London, 7 July 2010.     

"Revolting Law - Revolting Law Teachers?  The Struggle to Render Law a Subject Fit for University Education".  Inaugural Lecture Marking the Official Opening of the Center for Legal History, Exeter University.  23 June 2010. 

“The Reception of Chilean Academic Refugees, and Chilean Culture, in the UK, following the Pinochet Coup of 1973.”  Conference on the World University Service Programme for Chilean refugee scholars (1973-1985), within the broader context of the Chilean and allied refugee experience in the UK.  Warwick University, 23 May 2010. 

One Hundred Years of Legal Scholarship”.  Plenary Lecture.  Society of Legal Scholars Centennial Conference.  Keele University, 8 September 2009.

"The Human Rights Turn in 'Post-Pinochet' Chile".  Oxford Transitional Justice Research (OTJR) International Conference - "Taking Stock of Transitional Justice". University of Oxford, 27 June 2009.
 
Problematizing Virtue.  Reflections on International Human Rights Activism”.  ESRC Ethics Workshop, ‘Research Ethics as Practice at the Global Crossroads’.  Lancaster University, 22 June 2009.

Beyond Ignorance and Complacency: Robert Stevens’ Journey Through Lawyers and the Courts”, Colloquium: ‘A Celebration of Robert Stevens' Scholarship’.Institute of Advanced Legal Studies, London, 9 June 2009.     

The Human Rights Turn in 'Post-Pinochet' Chile”, Workshop on Memory and Justice, Lancaster University, 15 May 2009.

“A Battleground of Memory and Justice. Chile since the 1973 Coup." Plenary Lecture.  International Conference on War Crimes. Institute of Advanced Legal Studies, London, 21 February 2009.

"Unspeakable Truths. Hatred and Justice in Chile since the Pinochet dictatorship (1973-1990)", City of Lancaster Annual Holocaust Day Lecture.  The Dukes Theatre, Lancaster, 29 January 2009. This lecture was supported by Lancaster City Council, the National Coalition Building Institute (NCBI) and Amnesty International (Lancaster).

"The Struggle to Address the Human Rights Crimes of the Pinochet Dictatorship".  Conference, "The Pinochet Case and its Consequences, Ten Years On."  A collaboration between the British Institute of International and Comparative Law; Institute of Advanced Legal Studies, School of Advanced Study, University of London; Institute for the Study of the Americas, School of Advanced Study, University of London; JUSTICE (the British Section of the International Commission of Jurists); and the Center for Law and Society, Lancaster University. Institute of Advanced Legal Studies, London, 11 November 2008.

The prospects for prosecutions of leaders who commit genocide and other international crimes ten years after the Pinochet case.”   Universal Jurisdiction for International Crimes.  Chatham House (The Royal Institute of International Affairs), London.  9 October 2008.   

Constructing a Post-Victorian Legal System: Legal Buildings and ‘Englishness’.  The Civil Justice Centre, Manchester, 11 March 2008.     

UNITED STATES OF AMERICA 

The historical conditions most likely to sustain a broad, liberal, critical legal education”.  Law and Society Association’s Annual Meeting, Boston. 2 June, 2013.

 

A.W.B. Simpson in Context: The Life of Brian”.  Annual Meeting of the American Society of Legal History.  St Louis.  10 November 2012.   

"England’s Twentieth Century Ancien Regime.  The Belated Modernisation of Legal Education, Legal Scholarship and Legal Culture”.  Legal History Workshop. Harvard Law School, USA, 12 April 2010. 

The Globalization of Legal Education”. Guest Lecture – Course on the Globalization of Legal Education.  Harvard Law School, USA.  29 March 2010.

The Language and Politics of ‘Denial’: Knowing About and Confronting Human Rights Atrocities in Austria and Chile”.  Faculty Lecture Series.  Boston University Law School, USA.  18 March 2010.

Beyond the USA: Morton Horwitz’s Impact on Legal Education and Legal Scholarship in England, Canada and Australia”.  Harvard Law School.  27 September 2008.  

 

 FRANCE

 "Legal Education and Legal Critics in England".  Plenary Lecture.  International Conference, ‘Legal Education and Legal Critics’.   ENS (École normale supérieure), département de sciences sociales de l'ENS, Paris, 11 June 2010.

Mixed Signals.  Human Rights Policy and Latin America”.  Special Invited Lecture.   ENS (École normale supérieure), département de sciences sociales de l'ENS, Paris, 1 April 2008. 

GERMANY 

Bringing Heads of State and Allied State Actors to Justice 15 Years After The Pinochet Case”.  Event at the State Parliament of Berlin to mark the 15th anniversary of General Pinochet’s arrest in London, and its contemporary relevance.  Organised by the European Centre for Constitutional and Human Rights. 30 September 2013.    

"Making Respected Gentlemen out of Law Professors”.  Plenary lecture.  Conference on “Kultur und Beruf in Europe”.  Geisteswissenschaftliches Zentrum, Geschichte und Kultur Ostmitteleuropas an der Universität Leipzig, 28 June 2012. 

 

AUSTRIA 

A Battleground of Memory and Justice. Chile since the 1973 Coup".  Keynote Lecture.  Symposium: “Coming to terms with Europe’s traumatic pasts – an international comparison.”  The Bruno Kreisky Forum for International Dialogue, Vienna.   26 June 2008. 

ITALY 

"The Human Rights Turn in 'Post-Pinochet' Chile", Plenary Lecture, International Forum Conference, Bologna, 6 March 2009. 

BELGIUM 

Quotas as an Instrument of Non-Discrimination and Positive Action”. Conference, “Getting Women On Board.  Will The EU Do What It Takes?”.  European Parliament, Brussels, 7 March 2013. 

The conference, which was streamed live on-line, can be viewed on-line and downloaded from: http://greenmediabox.eu/archive/2013/03/07/get-women-on-board/ 

CHILE 

Educación de la profesión jurídica: tendencias globales y su relación con la Defensa Penal Pública”.   Universidad de Talca (Santiago campus). 7 May 2008. 

Globalisation and its Impact on Legal Services and Legal Education”.   Law School, Universidad Arturo Prat,  Iquique.  9 May 2008 

 

EDITORIAL BOARD MEMBERSHIP:

  • The International Journal of the Legal Profession (1994-);

  • Legal Ethics (1997-);

  • Studies in Law, Politics and Society (1990-);

  • The Company Lawyer (1980-) (1980-84, Founding Associate Editor);

  • Clio and Themis (the European Review of Legal History produced by the Ecole Normale Superieure, Paris, 2007-); and

  • The Journal of Legal History (1995-).

 

VISITING PROFESSOR:

  • Autonomous University of Barcelona (UAB) (Spain) - November 1990.

  • Boston University, School of Law (USA) - March-April 2010.

  • Johns Hopkins University, Department of Political Science (USA) - January-March 1998.

  • McGill University, Faculty of Law (Canada) - January 1991.

  • University of Münster, Faculty of Law (Germany) - June 2003.

  • University of Oklahoma, School of Law (USA) - June-July 1976.

  • University of Osaka, Department of Law (Japan) - October-December 1991.

  • Princeton University, Woodrow Wilson School of Public and International Affairs (USA) - September 2003-June 2004.

  • University of Western Ontario, School of Law (Canada) - July 1984, 1985, 1986, 1987 and 1989.

 

VISITING FELLOW:

  • Amherst College, Department of Political Science (USA) - February-April 1993.

  • Institute of Advanced Legal Studies, University of London (UK) - October 1992- July 1993.

  • University of Manchester, Faculty of Law (UK) - October 1996-May 1997.

  • Princeton University, Shelby Cullum Davis Center for Historical Studies (USA) - September 1987-March 1998.

  • University of Wisconsin, Institute for Legal Studies (USA) - March-April 1985.

DISTINGUISHED FACULTY:

University of Toronto, Faculty of Law(Canada) -September-October 2002.

TEACHING AWARD

Awarded the Lancaster University Teaching Prize (2007) in recognition of his innovative curriculum design with respect to "Responses to Massive Violations of Human Rights" and the way that he inspired student learning. 

RESEARCH SUPERVISION

Current and recently completed PhD and Post-Doctoral Students include:

  • Dr Christos Boukalas, ESRC Postdoctoral Fellow, extended his research on the counterterrorism measures introduced in the United States post-9/11 and their socio-political implications, which was published as Homeland Security, its Law and its State.  A Design for Power for the 21st Century (Routledge, 2014).

  • R. Gwynedd Parry successfully completed his dissertation on David Hughes Parry - A Jurist in Society (2009) which was subsequently revised and published as a book.

  • Ben Mayfield successfully completed his doctoral dissertation on the emergence of the Countryside and Rights of Way Act 2000 in 2012.

  • Alex Murray, a Faculty Research Scholar, successfully completed a comparative analysis of the jurisprudence of the International Criminal Tribunals and the European Court of Human Rights for a PhD in October 2014.

  • Craig Newbery-Jones successfully completed his LLM thesis A Study of the Portrayal of the Legal Profession in Punch Magazine and other Works of Victorian Satire in 2009.

 

Research Grants

He has been awarded research and allied funding from the following sources:

· The Arts and Humanities Research Council.

· The American Council for Learned Societies.

· The Association of Personal Injury Lawyers.

· The British Academy.

· The British Council (Chile).

· The Council of Europe.

· The Davis Center for Historical Studies, Princeton University, USA.

· The European Agency for Fundamental Rights.

· The European Court of Human Rights.

· The European Science Foundation (HERA).

· The European Union, Grotius Programme.

· The Institute of Advanced Legal Studies, School of Advanced Studies, London University.

· Lancaster University, the Faculty of Social Sciences, and the Institute of Advanced Studies.

· The Law Society.

· The Law and Society Association.

· The Leverhulme Trust.

· The Nuffield Foundation.

· The Program in Law and Public Affairs, Woodrow Wilson School of Public and International Affairs, Princeton University, USA.

· The Republic of Chile, Ministry of Justice, Denfensoria Pública.

· The Society of Public Teachers of Law.

· The Socio-Legal Studies Association.

· The Twenty-Seven Foundation (Institute of Historical Research, London University).

Current Teaching

Responses to Massive Violations of Human Rights (Law 311)

Law and Society, 1750-1950: Culture, Gender and the Visual (Law 215)

Lawyers and Society (Law 264)

Courts, Law and Politics in a Comparative Perspective (Law 307)

International Terrorism and the Law (LLM 215)

International Criminal Law (LLM 236)

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