ix, 288 pages : illustrations ; 25 cm.
9781350058736 hardcover 1350058734 hardcover 9781350058743 (e-PDF) 9781350058750 (ePUB)
Europe's legacy in the modern world.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
The impact of exile on law and legal science 1934-64 / Magdalena Kmak Exiled Romanists between traditions : Pringsheim, Schulz and Daube / Kaius Tuori Francis de Zulueta (1878-1958) : an Oxford Roman lawyer between totalitarianisms / Lorena Atzeri Autonomy and authority : the image of the Roman jurists is Schulz and Wieacker / Jacob Giltaij Roman law after 1917 : exile, statelessness and the search for Byzantium in the work of Mikhail von Taube / Dina Gusejnova The denaturalization of Nordic law : Germanic law and the reception of Roman law / Johann Chapoutot The idea of Rome : political Fascism and Fascist (Roman) law / Cosimo Cascione "Byzantium!" : bona fides between Rome and twentieth-century Germany / Hans-Peter Haferkamp The arduous path to recover a common European legal culture : Paul Koschaker, 1937-51 / Tommaso Beggio The weakening of judgement : Johan Huizinga (1872-1945) and the crisis of the Western legal tradition / Diego Quaglioni Roman law as wisdom : justice and truth, honour and disappointment in Franz Wieacker's ideas on Roman law / Ville Erkkilä Conceptions of Roman law in Scots law : 1900-60 / Paul J. du Plessis The search for authenticity and singularity in European national history writing : 1800 to the present / Stefan Berger A genealogy of crisis : Europe's legal legacy and ordoliberalism / Bo Stråth.