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Legal Culture Club

At the initiative Jens Drolshammer, The Salon operates an Legal Culture Club. The participants in this are Prof. Dr. Franz Werro (University of Freiburg, Georgetown University Law School), Prof. Dr. Thomas Probst (University of Freiburg), Prof. Dr. Hans-Ueli Vogt (University of Zurich), Prof. Dr. Urs Gasser (The Berkman Center for Internet and Society at Harvard Law School) Prof. Dr. Thomas Cottier (University of Bern), Prof. Dr. Wolfgang Ernst (University of Zürich), Prof. Dr. Cyrill Rigamonti (University of Bern) and Prof. Dr. Jens Drolshammer (University of St. Gallen).

Participants:
The participants are all professors with a particular and close affinity to Anglo-American law, the legal culture of the USA and its effects on the continental European legal order, in particular that of Switzerland. Three of the participants have an institutional connection with US law schools. Franz Werro is tenured professor at Georgetown University Law School (, Jens Drolshammer is normally a Visiting Research Professor in the fall term at Harvard Law School. Urs Gasser is a close associate of research projects as part of the Berkman Center for Society and Cyberspace at Harvard Law School.

Starting point and catalyst
The starting point and catalyst for this Legal Culture Club are issues such as: what attitude do we take to the supposed tendency for an "Americanization of the Swiss legal order"? Are we or are we not affected, if only tangentially, by US legal culture and if so how do we respond to it? We try in this club to approach questions such as whether matters American and tendencies for Americanization really form a part of the horizon, the awareness, the sensibility, knowledge, understanding and the legal and political sphere of action of lawyers, particularly those in Switzerland, when it comes to the significance and effect of US legal culture both generally and on Switzerland?

We take the position that this phenomenon is significant for Switzerland; that its effect and scope have been insufficiently recognized and that too little account has been taken of it in the way that various aspects of the Swiss legal system are structured and dealt with in practice. We believe that current engagement with this phenomenon is neither broad or deep enough given its importance - and particularly given the effects of the information society in the field of law-effects that have been induced and are largely controlled by the USA.

In our view the emotional affinity for the United States and its mentality that had existed, in law as in other areas, particularly ever since the Second World War up until the turn of the millennium, has now faded. This is despite the fact that the Swiss legal system is one that is above average in terms of its receptiveness and degree of "internationalization" - even, albeit to a decreasing extent, when it comes to US legal culture; however, it is also to an above-average extent affected by and to some extent dependent upon the degree of understanding and connection between the two legal cultures. Ultimately, there is also a lack of communicative, competent and assertive behaviour in the network of those affected by dealing with the consequences of US legal culture, even if the turnaround that is currently in progress in Switzerland would in principle offer a more propitious environment for this.

Organisation:

The Legal Culture Club meets three times a year in the chalet of Franz Werro in the mountains around Freiburg. We meet at 17:00, work through a standard agenda and then continue our discussions over a joint dinner. We try to centre the event around the discussion of a relevant text. We hold joint teaching events across universities. We are building up an inter-university field of research for future dissertations and will oversee as General Editor Board the new series "Dike Law Books" (published by Dike Verlag) and act as its scientific conscience.

Upon request or as suitable opportunities arise we hold special events with a wider group of attendees such as the discussions with Professor Matthias Reiman, University of Michigan Law School, Professor Arthur Miller, of Harvard Law School and from 1 September 2007 New York University Law School and Professor John Palfrey, Harvard Law School.

These encounters, too, are private occasions for invited guests only. The contents of the discussions are off the record and confidential.
© Jens Drolshammer
Prof. Dr. iur., MCL, Rechtsanwalt
Jens Drolshammer, Prof. Dr. iur., MCL, Rechtsanwalt
CH-8044 Zürich, Susenbergstrasse 157
Tel. +41 44 363 81 11 · Fax +41 44 363 80 83 · E-Mail office@drolshammer.com · Internet www.drolshammer.net