Présentation de l'éditeur
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.
Sommaire
Introduction: Roman Law and the Idea of Europe
Kaius Tuori
1.The Impact of Exile on Law and Legal Science 1934–1964
Magdalena Kmak
2.Exiled Romanists between Traditions: Pringsheim, Schulz and Daube
Kaius Tuori
3.Francis de Zulueta (1878?1958): An Oxford Roman Lawyer between Totalitarianisms
Lorena Atzeri
4.Autonomy and Authority: The image of the Roman Jurists in Schulz and Wieacker
Jacob Giltaij
5.Roman Law after 1917: A Stateless Lawyer in Search of Byzantium
Dina Gusejnova
6.The Denaturalization of Nordic Law: Germanic Law and the Reception of 'Roman Law'
Johann Chapoutot
7.The Idea of Rome: Political Fascism and Fascist (Roman) Law
Cosimo Cascione
8.'Byzantium!' – Bona Fides between Rome and 20th-Century Germany
Hans-Peter Haferkamp
9.The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937?1951
Tommaso Beggio
10.The Weakening of Judgment: Johan Huizinga (1872?1945) and the Crisis of the Western Legal Tradition
Diego Quaglioni
11.Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker's Ideas on Roman Law
Ville Erkkilä
12.Conceptions of Roman Law in Scots Law: 1900–1960
Paul Du Plessis
13.The Search for Authenticity and Singularity in European National History Writing, 1800 to the Present
Stefan Berger
14.A Genealogy of Crisis: Europe's Legal Legacy and Ordoliberalism
Bo Stråth
