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The Cambridge Companion to Legal Positivism
The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Modern German Non-Positivism
The relation between law and morality has been at the heart of legal philosophy for millennia. This book is devoted to the two most influential German natural law approaches, Gustav Radbruch's neo-Kantian non-positivism from the 1930s and 1940s and Robert Alexy's contemporary analytical non-positivism. The Radbruch Formula, so vital to the attempt to surmount the consequences of the regime of the National Socialists and of the socialist regime of the 'German Democratic Republic', has attracted significant international attention. Robert Alexy has analyzed the problem of law and morality with his distinct analytical approach over the last three decades and comes to a conclusion that echoes the Radbruch Formula: 'Extreme injustice is no law.' The contributions compare and contrast these two much discussed German approaches to the issue of a necessary connection between law and morality.
The Legal Philosophies of Lask, Radbruch, and Dabin
No detailed description available for "The Legal Philosophies of Lask, Radbruch, and Dabin".
Slavery and the Penal System
The classic and groundbreaking study of penal slavery throughout the ages is available again. Previously a rare book, despite the fact that it is widely quoted and cited by scholars in the field of sociology, penology, and criminology, this book can now be accessed easily worldwide and be assigned again to classes. Now in its fortieth anniversary edition, Sellin's classic Slavery and the Penal System adds a new Foreword by Barry Krisberg at Berkeley. This edition also incorporates changes the author originally planned for a second printing, provided to Quid Pro Books by the Library Special Collections at Penn and authorized by his family. Part of the Classics of Law & Society Series from Qui...
The Concept of Ideals in Legal Theory
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
The Remnants of the Rechtsstaat
This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
The Legacy of Roman Law in the German Romantic Era
Well after the process of codification had begun elsewhere in nineteenth-century Europe, ancient Roman law remained in use in Germany, expounded by brilliant scholars and applied in both urban and rural courts. The survival of this flourishing Roman legal culture into the industrial era is a familiar fact, but until now little effort has been made to explain it outside the province of specialized legal history. James Whitman seeks to remedy this neglect by exploring the broad political and cultural significance of German Roman law, emphasizing the hope on the part of German Roman lawyers that they could in some measure revive the Roman social order in their own society. Discussing the backgr...
The Law in Nazi Germany
While we often tend to think of the Third Reich as a zone of lawlessness, the Nazi dictatorship and its policies of persecution rested on a legal foundation set in place and maintained by judges, lawyers, and civil servants trained in the law. This volume offers a concise and compelling account of how these intelligent and welleducated legal professionals lent their skills and knowledge to a system of oppression and domination. The chapters address why German lawyers and jurists were attracted to Nazism; how their support of the regime resulted from a combination of ideological conviction, careerist opportunism, and legalistic selfdelusion; and whether they were held accountable for their Nazi-era actions after 1945. This book also examines the experiences of Jewish lawyers who fell victim to anti-Semitic measures. The volume will appeal to scholars, students, and other readers with an interest in Nazi Germany, the Holocaust, and the history of jurisprudence.
Jurists Uprooted
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. "
