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2 - Legal Refugees from Nazi Germany and the Idea of Liberty

Published online by Cambridge University Press:  23 March 2020

Kaius Tuori
Kaius Tuori
Affiliation:
University of Helsinki
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Summary

This chapter starts out with Fritz Schulz’s famous principles of liberty and humanity as the foundation of Western legal tradition, outlining how he presents the Roman legal tradition as a counterargument against Nazi legal theory. From Schulz’ s idealization of Roman law against the Nazi politicization of law, the chapter expands on the central role of legal science in maintaining the autonomy and humanity of law. These themes are then compared with other exiled scholars, such as Hannah Arendt, Franz Neumann and Arnaldo Momigliano, showing how they developed the idea of liberty and what influences they took from the Atlantic discourse.

Keywords

Nazi GermanyBritainjurisprudencerefugeesRoman Lawlibertyfreedom
Type
Chapter
Information
Empire of Law
Nazi Germany, Exile Scholars and the Battle for the Future of Europe
 , pp. 40 - 86
Publisher: Cambridge University Press
Print publication year: 2020

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