Roman Law and the Idea of Europe incomplete 1st edition by Kaius Tuori 1350058734 9781350058736

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ISBN-10 :  1350058734 

ISBN-13 :  9781350058736

Author:  Kaius Tuori 

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.

Roman Law and the Idea of Europe incomplete 1st Table of contents:

Chapter 1: The Impact of Exile on Law and Legal Science 1934–64
Introduction
The mechanisms of exile
The impact of exile on legal science
Conclusion
Notes
References
Chapter 2: Exiled Romanists between Traditions: Pringsheim, Schulz and Daube
Introduction
Fritz Pringsheim: An officer in exile
Fritz Schulz: From interpolationism to the freedom of law
David Daube: An outsider who thrived
Making sense of the Nazi years
Conclusion
Notes
References
Chapter 3: Francis de Zulueta (1878‒1958): An Oxford Roman Lawyer between Totalitarianisms
Introduction
Francis de Zulueta: Myth and Reality
Opening Up Oxford
Helping the Refugees
Living his Catholic faith
Conclusion
Notes
References
Chapter 4: Autonomy and Authority: The Image of the Roman Jurists in Schulz and Wieacker
Introduction
The image of the Roman jurists in Schulz
The ideal type of jurist in Wieacker
The ideal type of the jurist in Privatrechtsgeschichte der Neuzeit
Conclusion
Notes
References
Chapter 5: Roman Law after 1917: Exile, Statelessness and the Search for Byzantium in the Work of Mikhail von Taube
Introduction
Roman law as a Russian concept of Western civilization
‘Pacta sunt servanda’ and the interwar crisis of international law
Two views of 1917: Sovereignty without territory
Conclusion
Notes
References
Chapter 6: The Denaturalization of Nordic Law: Germanic Law and the Reception of Roman Law
Introduction
Roman law according to the Nazis: Article 19 of the NSDAP programme
Roman law and the Nazi Rechtswahrer
Saving Roman law from itself
Conclusion
Notes
References
Chapter 7: The Idea of Rome: Political Fascism and Fascist (Roman) Law
Introduction
An encyclopaedia entry: The idea of Rome
The myth of the good old Roman (between citizenship and imperialism)
Abusing the past: Cosmopolitan empire and active racism
Fascist law: Tradition and opportunism (An American point of view and another encyclopaedia entry)
Historical–legal studies taken seriously and the ornamental antiquity: Roman law between Enciclopedia Italiana and the Civil Code of 1942
Fascinating fascism?
Notes
References
Chapter 8: ‘Byzantium!’ – Bona fides between Rome and Twentieth-Century Germany
Byzantium!
Fritz Pringsheim: Ius aequum and ius strictum, 1921
Pringsheim: Aequitas and bona fides, 1930
The warnings of Hedemann, 1932–3
General principles as a political opportunity: National Socialism
Wieacker and legal form in the year 1956
Notes
References
Chapter 9: The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937–51
Introduction
Talking about Roman law at the Akademie für Deutsches Recht
Which ‘Roman law’ for the ‘Neuordnung Europas’?
After the Second World War and towards Europa
Conclusion
Notes
References
Chapter 10: The Weakening of Judgement: Johan Huizinga (1872–1945) and the Crisis of the Western Legal Tradition
Introduction
The American reception of Huizinga’s In the Shadow of Tomorrow
The impact of Huizinga’s book on European culture: The French translation and Gabriel Marcel
The Italian readers under fascism and after the Second World War
Conclusion
Notes
References
Chapter 11: Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker’s Ideas on Roman Law
Introduction
Carl Schmitt and Franz Wieacker: Honourable lawyers and justice as an institution
Hans-Georg Gadamer and Franz Wieacker: The hermeneutics of truth
The multifaceted idea of Roman law in Franz Wieacker’s academic texts
Notes
References
Chapter 12: Conceptions of Roman Law in Scots Law: 1900–60
Introduction
A tale of reception
The ‘idea’ of Roman law
Conclusion
Notes
References
Chapter 13: The Search for Authenticity and Singularity in European National History Writing: 1800 to the Present
Introduction: Why everyone wants to be special
Romantic national history writing and authenticity
Scientificity, nationalism and the need for ‘being special’
The high point of historiographical nationalism between the wars
The restitution of traditional national historical narratives after the Second World War
Challenging uniqueness amidst a crisis of national historiography
Conclusion: What place for national history in contemporary Europe?
Notes
References
Chapter 14: A Genealogy of Crisis: Europe’s Legal Legacy and Ordoliberalism
Law as legacy and Europe’s genealogy of crisis
The value crisis of the 1930s
The search for stabilization through law: The ordoliberals against Schmitt and against the neo-liberals
Recreation of values: The European integration project, the modernization narrative, ordoliberalism and Keynesianism
The crisis of the 1970s
The value crisis of the 2010s
Notes
References

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