Darker legacies of law in Europe : the shadow of National Socialism and Fascism over Europe and its legal traditions

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Darker legacies of law in Europe : the shadow of National Socialism and Fascism over Europe and its legal traditions

edited by Christian Joerges and Navraj Singh Ghaleigh ; with a prologue by Michael Stolleis and an epilogue by Jhh Weiler

Hart, 2003

  • : hbk

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Includes bibliographical references and index

内容説明・目次

内容説明

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 Vergangenheitsbewaltigung. 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.

目次

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 'Volkisch' Legal Thought: Reinhard Hohn'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 Augustin Jose Menendez 19. Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its Legacy Alexander Somek

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