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This book brings a new generation of comparative lawyers together to reflect on the character of their discipline.
This volume contains the opinions of the great jurist Hermann Kantorowicz on various fundamental questions of law and the bounds of legal science.
This book brings together leading legal theorists to present original philosophical work on the concept of law - the central question of jurisprudence. It covers five broad topics: firstly it addresses debates concerning the methodology of jurisprudence. In Part II it focuses on the notion of a legal system and its coercive nature, while Part III explores the relationships between law and morality, the traditional point of contention between positivist and non-positivist theories of law. Part IV then examines questions regarding law’s normative character and relationships with practical reason. Lastly, the final part introduces two novel theoretical approaches to conceptual jurisprudence.
Ernst Kantorowicz was a complex figure whose long incident-filled life seemed to embody many of the contradictions of the twentieth century. A Jew from a disputed area between Germany and Poland who fought on the German side in World War I, he first achieved academic success with Frederick II (1927), a work whose language, in Gabrielle Spiegel's words, "often came perilously close to that of the Nazi party" in its desire to see a reconstituted German nation once again dominant on the world stage. Forced to emigrate when the Nazis came to power, Kantorowicz later became embroiled in controversy when, at Berkeley during the McCarthy era, he refused to sign an oath of allegiance designed to ide...
The first complete biography of an influential historian whose dramatic life intersected with many great events and thinkers of the twentieth century This is the first complete biography of Ernst Kantorowicz (1895–1963), an influential German-American medieval historian whose colorful life intersected with many of the great events and thinkers of his time. Born into a wealthy Prussian-Jewish family, he fought in World War I—earning an Iron Cross and an Iron Crescent—before being sent home following an affair with a general’s mistress. Though he was an ardent German nationalist during the Weimar period, after the Nazis came to power he bravely spoke out against the regime before an ov...
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. "
This book traces the history of Justinian's Institutes, Code, and Digest from late antiquity to the juristic revival of the late eleventh century. It includes extensive discussion of manuscripts and other evidence, and plates of many important manuscripts that have never before been reproduced.
Explores German engagement with the Italian Renaissance in the decades from German unification to the Weimar republic.
It is impossible to comprehend the political development of the United States, England, or France without considering the US Constitution, English common law or the Code Napoleon, respectively. Why then has legalism been neglected in the study of German politics? Drawing on constitutional and legal history, this book reconsiders the creation of the German state and the nature of the 'bourgeois revolution'. The author reviews the critical time period of 1814-1930 to demonstrate the links between the legal code and political evolution. She argues that German liberals perceived that the ends of revolution could be achieved legislatively; thus Germany was able to attain a modern political and social system while avoiding - or at least delaying - violent movements. This book provides a ... republican synthesis of German political development through time.
The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.