Jurists Uprooted
German-Speaking Emigré Lawyers in Twentieth Century Britain
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 October 2004
- ISBN 9780199270583
- Binding Hardback
- No. of pages872 pages
- Size 243x163x49 mm
- Weight 1438 g
- Language English 0
Categories
Short description:
As a result of the Nazi-regime, German law faculties lost just over a quarter of their members. Recent years have seen a growing body of literature on the contribution of scientists, historians, and literary and artistic figures who were forced to leave Germany and Austria after Hitler came to power. This volume is the first study of the important contribution of refugee and émigré legal scholars to the development of English law. It considers nineteen legal scholars originally trained in Germany or Austria (fifteen of whom were expelled from their posts in the 1930s) and who made their home in England (two of whom did so well before the Nazis came to power), and assesses their contribution to scholarship in a very different legal system from that which they left.
MoreLong description:
Recent years have seen a growing body of literature on the contribution of scientists, historians, and literary and artistic figures who were forced to leave Germany and Austria after Hitler came to power. This volume is the first study of the important contribution of refugee and émigré legal scholars to the development of English law. Those considered in the book are: E. J. Cohn, David Daube, Rudolf Graupner, Max Grünhut, Hermann Kantorowicz, Otto Kahn-Freund, Hersch Lauterpacht, Gerhard Leibholz, Kurt Lipstein, F. A. Mann, Hermann Mannheim, Lassa Oppenheim, Otto Prausnitz, Fritz Pringsheim, Gustav Radbruch, Clive Schmitthoff, Fritz Schulz, Georg Schwarzenberger, Walter Ullmann, Martin Wolff, and Wolfgang Friedmann.
The scene is set by two introductory chapters which explore the general background to the exodus of the émigré scholars from Germany and to their arrival in the United Kingdom. The volume then moves on to analyse the scholars' backgrounds, histories, and intellectual bent as individuals, and evaluates their work and its impact on legal scholarship in both England and Germany. In those subjects where the influence of these scholars was particularly strong: public and private international law, Roman law, and comparative law; it considers how far, collectively, these German and Austrian educated refugees and émigrés shaped the development of the law. There are also a number of personal memoirs, including one by the surviving member of the group, Kurt Lipstein.
These lawyers had received their first legal training in a civilian legal system, but in the UK they were faced by the less schematic, more pragmatic, common law. The differences between these legal traditions made it more difficult for them to adjust and to find suitable professional positions than was the case for refugee scientists, for example. However the differences gave them a unique perspective which is of particular interest today, when the relationships between the common law and the civilian legal systems of Europe are of growing theoretical and practical imporance.
Table of Contents:
Preface
'Was Heimat hieÃ, nun heiÃt es Hölle' The Emigration of Lawyers from Hitler's Germany: Political Background, Legal Framework, and Cultural Context
Aliens, Enemy Aliens, and Friendly Enemy Aliens: Britain as a Home for Emigré and Refugee Lawyers
Fritz Schulz (1879-1957)
Fritz Pringsheim (1882-1967)
David Daube (1909-1999)
Roman Law in Twentieth Century England
Hermann Kantorowicz (1877-1940) and Walter Ullmann (1910-1983)
Otto Kahn-Freund (1900-1979)
Ernst J. Cohn (1904-1976)
Comparative Law in Twentieth Century England
Clive Macmillan Schmitthoff (1903-1990)
F. A. Mann (1907-1991)
Martin Wolff (1872-1953)
Kurt Lipstein (1909-)
English Private International Law in Twentieth Century England
Wolfgang Friedmann (1907-1972) (with an excursus on Gustav Radbruch [1978-1949])
Gerhard Leibholz (1901-1982)
Lassa Oppenheim (1858-1919)
Hersch Lauterpacht (1897-1960)
Georg Schwarzenberger (1908-1991)
Public International Law in Twentieth Century England
Hermann Mannheim (1889-1974) and Max Grünhut (1893-1964)
Emigré Legal Scholars in Britain
German Refugees in Oxford - Some Personal Recollections
Kurt Lipstein
Cambridge 1933-2002
Appendix
Index
