This book is available as open access through the Bloomsbury Open Access programme and is available on bloomsburycollections.com. It is funded by the European Research Council.
Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles.
With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.
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List of Figures
List of Contributors
Acknowledgements
Introduction: Roman Law and the Idea of Europe
Kaius Tuori, University of Helsinki, Finland
1.The Impact of Exile on Law and Legal Science 1934–1964
Magdalena Kmak, University of Helsinki, Finland
2.Exiled Romanists between Traditions: Pringsheim, Schulz and Daube
Kaius Tuori, University of Helsinki, Finland
3.Francis de Zulueta (1878?1958): An Oxford Roman Lawyer between Totalitarianisms
Lorena Atzeri, Università degli Studi Milano, Italy
4.Autonomy and Authority: The image of the Roman Jurists in Schulz and Wieacker
Jacob Giltaij, University of Helsinki, Finland
5.Roman Law after 1917: A Stateless Lawyer in Search of Byzantium
Dina Gusejnova, The University of Sheffield, UK
6.The Denaturalization of Nordic Law: Germanic Law and the Reception of ‘Roman Law’
Johann Chapoutot, Institut d'Histoire du Temps Présent, France
7.The Idea of Rome: Political Fascism and Fascist (Roman) Law
Cosimo Cascione, University of Naples, Italy
8.‘Byzantium!’ – Bona Fides between Rome and 20th-Century Germany
Hans-Peter Haferkamp, University of Munster, Germany
9.The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937?1951
Tommaso Beggio, University of Trento, Finland
10.The Weakening of Judgment: Johan Huizinga (1872?1945) and the Crisis of the Western Legal Tradition
Diego Quaglioni, University of Trento, Finland
11.Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker’s Ideas on Roman Law
Ville Erkkilä, University of Helsinki, Finland
12.Conceptions of Roman Law in Scots Law: 1900–1960
Paul Du Plessis, University of Edinburgh, UK
13.The Search for Authenticity and Singularity in European National History Writing, 1800 to the Present
Stefan Berger, Ruhr University Bochum, Germany
14.A Genealogy of Crisis: Europe’s Legal Legacy and Ordoliberalism
Bo Stråth, University of Helsinki, Finland
Index
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This lively and learned collection of essays on Roman law in the twentieth century deserves a wide readership. The authors bring home the profound ideological significance of Roman law in modern European history, in essays of fundamental importance for students of fascism and liberalism alike.
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A revealing, multi-contributor study of Roman law's rise to prominence as a shared heritage ideal and unifying force in postwar Europe.
First book to explore the importance of Roman law as unifying force in postwar Europe
It is a global world. Nevertheless, Europe has left its mark – both positive and negative – on many aspects of its politics, its economy and its intellectual life. The series seeks to question some of the ways in which that legacy is commonly assessed by challenging the view of a single, independent, and coherent Europe acting on an equally homogenous outside world. What was ‘inside’ and what was ‘outside’ Europe was continually negotiated both in theory and in practice, and the “European heritage” was embedded in a continual stream of influences and contestations criss-crossing the continents. At the intersection of these multiple cross-currents this series explores what “Europe” may have meant for both insiders and outsiders at different moments of early modern and modern history.
The series is focused on Europe’s legacy in the modern world. For this purpose, it seeks to situate European history in a global context as well as in the internal dynamics of ideas, policies and powers that have proposed rival accounts of what “Europe” means or could mean. It seeks to present “Europe” as both global and local, deeply invested in imperial ventures and simultaneously imagining an identity for itself. The time-frame of the series is vast, covering moments from the renaissance to the 19th century and recognising that historical periodisation can itself implicate a story of Europe that may be contested. The purpose, however, is to evaluate these moments in terms of what they have meant for today’s world.
The series emphasizes the entanglements between the political, the legal, the religious and the economic and employs techniques and methodologies from intellectual history, the history of events, and structural history. The result is a collection of works that shed new light on the role that Europe’s history has played in the development of the modern world.
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Produktdetaljer
ISBN
9781350170230
Publisert
2020-06-25
Utgiver
Vendor
Bloomsbury Academic
Vekt
426 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
304