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5 - Reconfiguring European Legal Tradition after the War

Published online by Cambridge University Press:  23 March 2020

Kaius Tuori
Kaius Tuori
Affiliation:
University of Helsinki
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Summary

The fifth chapter turns to the younger generation of scholars and the tortuous route by which they arrived at the idea of a European legal tradition. By looking at the so-called young lions of Nazi legal academia and their attempts at legal reform based on the racialized order, this chapter sets the stage for their conversion after the war. Through the works of Franz Wieacker, the chapter analyses the return to tradition and the discovery of Europe and Roman law among German legal historians, seeing it as a reaction to the works of Koschaker and the spread of these ideas in Europe. By tracing the careers and works of other scholars involved in the Nazi movement, it discusses the role of denazification and the continuities of Nazi policies in the formation of the role of Europe in legal culture.

Keywords

Nazi Germanylegal historyjurisprudenceRoman LawEuropetraditionlegal culture
Type
Chapter
Information
Empire of Law
Nazi Germany, Exile Scholars and the Battle for the Future of Europe
 , pp. 173 - 220
Publisher: Cambridge University Press
Print publication year: 2020

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