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Darker Legacies of Law in Europe : The Shadow of National Socialism and Fascism Over Europe and Its Legal Traditions - Christian Joerges

Darker Legacies of Law in Europe

The Shadow of National Socialism and Fascism Over Europe and Its Legal Traditions

By: Christian Joerges (Editor), Navraj Singh Ghaleigh (Editor)

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The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.

...we have before us an important, original, and complicated book. Pietro Costa European Law Books Dec-03 One can only hope that this volume is to bring European law to turn towards the narratives within its own history, that it is able to break the communicative silence, and that it allows [one] to take the shaping of collective memories within European public spaces serious. One can only wish that such debates will rise to the high level of Joerges and Ghaleigh's tome. Andreas Fischer-Lescano Translated by Harry Bauer Kritische Justiz 2004 ...this well-crafted set of essays is welcome... extremely interesting and useful. The project is an important one, which is fully worthy of support. Robert Cryer European Public Law, Vol 12, no.1 March 06 ...the volume at hand offers a fascinating fullness of insights and open questions. Clemens Jabloner (translated by Jo Eric Murkens) Journal fur Rechtspolitik 2005 ...the principal virtue of this book - for which the editors should be warmly thanked - is that it is there, standing hopefully at the outset of a widespread and intensive new research agenda for European law. It would be a scandal is this work did not trigger subsequent studies on the role and influence of Fascist or National-Socialistic thinking in individual European locations... Martti Koskenniemi European Journal of International Law 2004 This book is...unique in the perspective its inquiry takes into European identity, both in its diversity and in its unity. Thomas Mertens Ratio Juris 2005 The collection is rich in breadth and depth...The scope of Darker Legacies is important, for it takes questions that have been primarily directed towards Nazi law and puts them into a broader European framework. Mayo Moran Toronto Law Journal 2004 ...much can be learned from this book, and it is highly recommended to anyone interested in twentieth-century European legal thought. William E. Scheuerman Rabels Zeitschrift fur auslundisches und internationals privatrecht 2006 ...an interesting and thought-provoking contribution... Martin Loughlin European Law Review 2004 The biggest portion of the book and the most tantalizing is the part devoted to the question of whether the Nazi order casts a shadow on the European Union. Detlev F. Vagts American Journal of Comparative Law

Preface and Acknowledgementsp. ix
List of Contributorsp. xiii
Prologue: Reluctance to Glance in the Mirror. The Changing Face of German Jurisprudence after 1933 and post-1945p. 1
Continuity and Rupture
The Problem of Perceptions of National Socialist Law or: Was there a Constitutional Theory of National Socialism?p. 19
Looking into the Brightly Lit Room: Braving Carl Schmitt in 'Europe'p. 43
The Era of National Socialism and Fascism
The Fascist Theory of Contractp. 55
'Spheres of Influence' and 'Volkisch' Legal Thought: Reinhard Hohn's Notion of Europep. 71
'The outsider does not see al the game ...': Perceptions of German Law in Anglo-American Legal Scholarship, 1933-1940p. 87
'A Distorted Image of Ourselves': Nazism, 'Liberal' Societies and the Qualities of Differencep. 113
Continuity and Reconfiguration
Carl Schmitt's Europe: Cultural, Imperial and Spatial, Proposals for European Integration, 1923-1955p. 133
Culture and the Rationality of Law from Weimar to Maastrichtp. 143
Europe a Grossraum? Shifting Legal Conceptualisations of the Integration Projectp. 167
From Grossraum to Condominium--A Commentp. 193
Formalism and Anti-Formalism in French and German Judicial Methodologyp. 205
Judicial Methodology and Fascist and Nazi Lawp. 229
On Nazi 'Honour' and the New European 'Dignity'p. 243
On Fascist Honour and Human Dignity: A Sceptical Responsep. 267
Corporatist Doctrine and the 'New European Order'p. 275
Responses to National Socialism and Fascism in National Legal Cultures
The German Impact on Fascist Public Law Doctrine--Costantino Mortati's Material Constitutionp. 305
Mortati and the Science of Public Law: A Comment on La Torrep. 321
From Republicanism to Fascist Ideology under the Early Franquismop. 337
Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its Legacyp. 361
Epiloguep. 389
Indexp. 403
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781841133102
ISBN-10: 1841133108
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 440
Published: 22nd May 2003
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.79
Edition Number: 1