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Jurists Uprooted by J. Beatson,Reinhard Zimmermann Pdf
As a result of the Nazi-regime, German law faculties lost just over a quarter of their members. Recent years have seen a growing body of literature on the contribution of scientists, historians, and literary and artistic figures who were forced to leave Germany and Austria after Hitler came to power. This volume is the first study of the important contribution of refugee and e migre legal scholars to the development of English law. It considers nineteen legal scholars originally trained in Germany or Austria, (fifteen of whom were expelled from their posts in the 1930s) and who made their home in England, and assesses their contribution to scholarship in a very different legal system from that which they left. "
Roman Law and the Idea of Europe by Kaius Tuori,Heta Björklund Pdf
This book is available as open access through the Bloomsbury Open Access programme and is available on www.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.
Women, Their Lives, and the Law by Victoria Barnes,Nora Honkala,Sally Wheeler Pdf
This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.
Judge and Jurist by Andrew Burrows,David Johnston,Reinhard Zimmermann Pdf
Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics. The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.
This book traces the life and legacy of a German Jewish lawyer, F A Mann, who moved to the UK in 1933 fleeing racial persecution from Germany, and later became one of the best-known legal minds of his age, equally versed and experienced in legal practice and legal scholarship. With contributions from established and emerging scholars, legal practitioners, and members of the judiciary from around the world, F A Mann: The Lawyer and His Legacy is split into three parts. Part I sets out a legal biography of F A Mann, with a particular emphasis on his background, network, and the insights afforded by previously unstudied archival materials. Part II covers the broad range of sub-disciplines and practice areas in which Mann was active and explores the way in which he helped to form them. Part III, on monetary law, reflects both Mann's outstanding influence and the current topicality of monetary law issues. Drawing on some 12,500 letters of Mann's personal correspondence with judges, academics, and legal practitioners, this book explores how Mann's biography, his equal familiarity with German and English law and with academia and legal practice, and his wide range of legal interests have contributed to his lasting influence on law and legal scholarship.
Jewish-European Émigré Lawyers by Leora Bilsky,Annette Weinke Pdf
Emigrierte jüdische Juristen, Historiker, Archivare und Aktivisten und ihre individuellen Zugänge zum humanitären Völkerrecht. Emigrierte jüdisch-europäische Juristen waren im 20. Jahrhundert wichtige Träger eines rechtlichen Internationalismus und interkultureller Konzepte im Völkerrechtsdenken, die teilweise in die Nachkriegsdiskurse einflossen, vielfach aber auch vergessen oder an den Rand gedrängt wurden. Der interdisziplinäre Band konzentriert sich auf eine Reihe internationaler Juristen, Historiker, Archivare und Aktivisten und deren individuelle Zugänge zum humanitären Völkerrecht. Mit Hilfe eines biografischen Zugangs werden subjektive Erfahrungen wie akademische Sozialisation, ideologische und religiöse Überzeugungen, soziale Marginalisierung, politische bzw. rassistische Verfolgung und erzwungene Auswanderung in den Blick genommen. Zudem wird danach gefragt, inwiefern sich solche Erfahrungen in Vorstellungen von Universalismus und Partikularismus, Kosmopolitismus und Souveränität, nationaler Selbstbestimmung, Staatsbürgerschaft und Staatenlosigkeit, kollektiven Minderheitenrechten und individuellen Menschenrechten niederschlugen. English: Jewish émigré lawyers, historians, archivists and activists and their individual approaches to International Humanitarian Law. Jewish-European émigré lawyers in the twentieth century were important agents of legal internationalism and served as carriers of intercultural concepts of international legal thought; concepts, which fed into postwar discourses, but were also often forgotten or marginalized. This interdisciplinary volume focusses on a range of international lawyers, historians, archivists and activists and their individual approaches towards International Humanitarian Law. It uses a biographical lens to analyze the impact of subjective experiences like academic socialization, ideological and religious viewpoints (Weltanschauung), social marginalization, political and racial persecution, and forced emigration. Moreover, it investigates the extent to which the emigrants' experiences shaped typical notions of twentieth century politics and law, such as universalism and particularism, cosmopolitanism and sovereignty, national self-determination, citizenship and statelessness, collective minority rights, and individual human rights.
National Judges and the Case Law of the Court of Justice of the European Union by Anna Maria Mancaleoni,Elise Poillot Pdf
L’impatto del diritto dell’Unione europea sugli Stati membri si concretizza, in misura determinante, tramite regole e principi dettati dalla Corte di giustizia e destinati a essere applicati dai giudici nazionali. Il buon funzionamento del complesso sistema derivante dall’interazione tra l’ordinamento dell’Unione e i singoli Stati membri presuppone, pertanto, un rapporto costruttivo tra la Corte di giustizia e le corti nazionali. Muovendo da tale premessa, il volume affronta le problematiche inerenti al ‘dialogo’ tra tutte le corti nazionali (di merito, supreme, costituzionali) e la Corte di giustizia. A tal fine sono stati chiamati a esprimersi, prima di tutto, gli stessi giudici che ne sono protagonisti: a questi ultimi è stato chiesto di illustrare, a partire dalla propria esperienza, le difficoltà di comunicazione, in senso ampio, riscontrate nel dialogo con la Corte di giustizia. Alla voce dei giudici si aggiunge, quindi, quella dei professori specializzati nel diritto comparato ed europeo.
Judges and the Making of International Criminal Law by Joseph Powderly Pdf
In Judges and the Making of International Criminal Law Joseph Powderly explores the role of judicial creativity in the progressive development of international criminal law. This wide-ranging work unpacks the nature and contours of the international criminal judicial function.
The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Author : Paul J. du Plessis Publisher : Edinburgh University Press Page : 283 pages File Size : 42,9 Mb Release : 2018-05-15 Category : Law ISBN : 9781474434478
Ark of Civilization by Sally Crawford,Katharina Ulmschneider,Jaś Elsner Pdf
In the opening decades of the twentieth century, Germany was at the cutting edge of arts and humanities scholarship across Europe. However, when many of its key thinkers--leaders in their fields in classics, philosophy, archaeology, art history, and oriental studies--were forced to flee to England following the rise of the Nazi regime, Germany's loss became Oxford's gain. From the mid-1930s onwards, Oxford could accurately be described as an ark of knowledge of western civilization: a place where ideas about art, culture, and history could be rescued, developed, and disseminated freely. The city's history as a place of refuge for scientists who were victims of Nazi oppression is by now familiar, but the story of its role as a sanctuary for cultural heritage, though no less important, has received much less attention. In this volume, the impact of Oxford as a shelter, a meeting point, and a center of thought in the arts and humanities specifically is addressed, by looking both at those who sought refuge there and stayed, and those whose lives intersected with Oxford at crucial moments before and during the war. Although not every great refugee can be discussed in detail in this volume, this study offers an introduction to the unique conjunction of place, people, and time that shaped Western intellectual history, exploring how the meeting of minds enabled by libraries, publishing houses, and the University allowed Oxford's refugee scholars to have a profound and lasting impact on the development of British culture. Drawing on oral histories, previously unpublished letters, and archives, it illuminates and interweaves both personal and global histories to demonstrate how, for a short period during the war, Oxford brought together some of the greatest minds of the age to become the custodians of a great European civilization.
Principle and Pragmatism in Roman Law by Benjamin Spagnolo,Joe Sampson Pdf
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Sovereignty, International Law, and the Princely States of Colonial South Asia by Priyasha Saksena Pdf
What constitutes a sovereign state in the international legal sphere? This question has been central to international law for centuries. Sovereignty, International Law, and the Princely States of Colonial South Asia provides a compelling exploration of the history of sovereignty through an analysis of the jurisdictional politics involving a specific set of historical legal entities. Governed by local rulers, the princely states of colonial South Asia were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state. Opening with a survey of the place of the princely states in the colonial structures of South Asia, Sovereignty, International Law, and the Princely States of Colonial South Asia goes on to illustrate how international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anti-colonial nationalists in British India used definitions of sovereignty to construct political orders in line with their interests and aspirations. By invoking the vernacular of sovereignty in contrasting ways to support their differing visions of imperial and world order, these actors also attempted to reconfigure the boundaries among the spheres of the national, the imperial, and the international. Throughout the eighteenth, nineteenth, and early twentieth centuries, debates and disputes over the princely states continually defined and redefined the concept of sovereignty and international legitimacy in South Asia. Using rich material from the colonial archives,Sovereignty, International Law, and the Princely States of Colonial South Asia conveys an understanding of the history of sovereignty and the construction of the modern Indian nation-state that is still relevant today. A riveting read, this book will be of considerable interest and importance to scholars of international law and South Asia, legal historians, and political scientists.