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Roman Law and the Idea of Europe

Roman Law and the Idea of Europe

Author: Kaius Tuori; Heta Bjoerklund; Bo Strath; Martti Koskenniemi
Publisher: Bloomsbury Academic
ISBN: 9781350058736
Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

List of Figures

List of Contributors

Acknowledgements

Introduction: Roman Law and the Idea of Europe Kaius Tuori, University of Helsinki, Finland

1.The Impact of Exile on Law and Legal Science 1934-1964 Magdalena Kmak, University of Helsinki, Finland

2.Exiled Romanists between Traditions: Pringsheim, Schulz and Daube Kaius Tuori, University of Helsinki, Finland

3.Francis de Zulueta (1878?1958): An Oxford Roman Lawyer between Totalitarianisms Lorena Atzeri, Universita degli Studi Milano, Italy

4.Autonomy and Authority: The image of the Roman Jurists in Schulz and Wieacker Jacob Giltaij, University of Helsinki, Finland 5.Roman Law after 1917: A Stateless Lawyer in Search of Byzantium Dina Gusejnova, The University of Sheffield, UK

6.The Denaturalization of Nordic Law: Germanic Law and the Reception of `Roman Law' Johann Chapoutot, Institut d'Histoire du Temps Present, France

7.The Idea of Rome: Political Fascism and Fascist (Roman) Law Cosimo Cascione, University of Naples, Italy

8.`Byzantium!' - Bona Fides between Rome and 20th-Century Germany Hans-Peter Haferkamp, University of Munster, Germany

9.The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937?1951 Tommaso Beggio, University of Trento, Finland

10.The Weakening of Judgment: Johan Huizinga (1872?1945) and the Crisis of the Western Legal Tradition Diego Quaglioni, University of Trento, Finland

11.Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker's Ideas on Roman Law Ville Erkkila, University of Helsinki, Finland

12.Conceptions of Roman Law in Scots Law: 1900-1960 Paul Du Plessis, University of Edinburgh, UK

13.The Search for Authenticity and Singularity in European National History Writing, 1800 to the Present Stefan Berger, Ruhr University Bochum, Germany

14.A Genealogy of Crisis: Europe's Legal Legacy and Ordoliberalism Bo Strath, University of Helsinki, Finland Index