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4 - The Long Legal Tradition and the European Heritage in Nazi Germany

Published online by Cambridge University Press:  23 March 2020

Kaius Tuori
Affiliation:
University of Helsinki
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Summary

The chapter starts with the themes of crisis and the discovery of the future for Roman law in Europe in the form of the common legal heritage in the seminal works of Paul Koschaker. These build on the role of tradition in law and work to present a role for Roman law in the new order, first in the Nazi reign and second in the new postwar Europe. The chapter compares the conceptions of law and Europe between Nazi and fascists policies and their ideas on Roman law, the reorientation of legal education and the new role for Europe in the new order. These totalitarian and conservative visions of Europe by authors such as Salvatore Riccobono are then juxtaposed with the ideas of other Europeanists such as the Catholic Jacques Maritain or liberals, socialists and communists, such as Altiero Spinelli, behind the Ventotene declaration.

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Chapter
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Empire of Law
Nazi Germany, Exile Scholars and the Battle for the Future of Europe
, pp. 124 - 172
Publisher: Cambridge University Press
Print publication year: 2020

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