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Darker Legacies of Law in Europe

The Shadow of National Socialism and Fascism over Europe and its Legal Traditions

Prologue: Michael Stolleis Epilogue: Joseph Weiler Editor(s): Christian Joerges, Navraj Singh Ghaleigh
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Published: 22-05-2003
Format: PDF eBook (?)
Edition: 1st
Extent: 440
ISBN: 9781847311672
Imprint: Hart Publishing
RRP: £99.00
Online price : £59.40
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Loren Epson

About Darker Legacies of Law in Europe

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.

Table Of Contents

PART I: CONTINUITY AND RUPTURE
1. The Problem of Perceptions of National Socialist Law or: Was there a Constitutional Theory of National Socialism?
Oliver Lepsius
2. Looking into the Brightly Lit Room: Braving Carl Schmitt in 'Europe'
Navraj Singh Ghaleigh

PART II: THE ERA OF NATIONAL SOCIALISM AND FASCISM
3. The Fascist Theory of Contract
Pier Giuseppe Monateri and Allessandro Somma
4. 'Spheres of Influence' and 'Völkisch' Legal Thought: Reinhard Höhn's Notion of Europe
Ingo J Hueck
5. 'The outsider does not see al the game…': Perceptions of German Law in Anglo-American Legal Scholarship,1933-11940
David Fraser
6. 'A Distorted Image of Ourselves': Nazism, 'Liberal' Societies and the Qualities of Difference
Laurence Lustgarten

PART III: CONTINUITY AND RECONFIGURATION
7. Carl Schmitt's Europe: Cultural, Imperial and Spatial, Proposals for European Integration, 1923-1955
John P McCormick
8. Culture and the Rationality of Law from Weimar to Maastricht
J Peter Burgess
9. Europe a Gro?raum? Shifting Legal Conceptualisations of the Integration Project
Christian Joerges
10. From Gro?raum to Condominium-A Comment
Neil Walker
11. Formalism and Anti-formalism in French and German Judicial Methodology
Vivian Grosswald Curran
12. Judicial Methodology and Fascist and Nazi Law
Matthias Mahlmann
13. On Nazi 'Honour' and the New European 'Dignity'
James Q Whitman
14. On Fascist Honour and Human Dignity: A Sceptical Response
Gerald L Neuman
15. Corporatist Doctrine and the 'New European Order'
Luca Nogler

PART IV: RESPONSES TO NATIONAL SOCIALISM AND FASCISM IN NATIONAL LEGAL CULTURES
16. The German Impact on Fascist Public Law Doctrine-Costantino Mortati's Material Constitution
Massimo La Torre
17. Mortati and the Science of Public Law: A Comment on La Torre
Giacinto Della Cananea
18. From Republicanism to Fascist Ideology under The Early Franquismo
Augustìn José Menéndez
19. Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its Legacy
Alexander Somek

Reviews

“we have before us an important, original, and complicated book.” –  Pietro Costa, European Law Books

“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

“…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

“the volume at hand offers a fascinating fullness of insights and open questions.” –  Clemens Jabloner (translated by Jo Eric Murkens), Journal für Rechtspolitik

“…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

“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

“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

“…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 für auslündisches und internationals privatrecht

“…an interesting and thought-provoking contribution…” –  Martin Loughlin, European Law Review

“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

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