Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism over Europe and its Legal Traditions
Editat de Christian Joerges, Navraj Singh Ghaleigh Prolog de Michael Stolleis Epilog de Joseph Weileren Limba Engleză Hardback – 21 mai 2003
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Specificații
ISBN-13: 9781841133102
ISBN-10: 1841133108
Pagini: 440
Dimensiuni: 156 x 234 x 34 mm
Greutate: 0.78 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1841133108
Pagini: 440
Dimensiuni: 156 x 234 x 34 mm
Greutate: 0.78 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
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.
Notă biografică
Christian Joerges is Professor of Economic Law at the European University Institute,Florence.Navraj Singh Ghaleigh is Lecturer of Public Law at Edinburgh Law School, University of Edinburgh.
Cuprins
PART I: CONTINUITY AND RUPTURE1. The Problem of Perceptions of National Socialist Law or: Was there a Constitutional Theory of National Socialism?Oliver Lepsius2. Looking into the Brightly Lit Room: Braving Carl Schmitt in 'Europe'Navraj Singh Ghaleigh PART II: THE ERA OF NATIONAL SOCIALISM AND FASCISM3. The Fascist Theory of ContractPier Giuseppe Monateri and Allessandro Somma4. 'Spheres of Influence' and 'Völkisch' Legal Thought: Reinhard Höhn's Notion of EuropeIngo J Hueck5. 'The outsider does not see al the game.': Perceptions of German Law in Anglo-American Legal Scholarship,1933-11940David Fraser6. 'A Distorted Image of Ourselves': Nazism, 'Liberal' Societies and the Qualities of DifferenceLaurence Lustgarten PART III: CONTINUITY AND RECONFIGURATION7. Carl Schmitt's Europe: Cultural, Imperial and Spatial, Proposals for European Integration, 1923-1955John P McCormick8. Culture and the Rationality of Law from Weimar to MaastrichtJ Peter Burgess9. Europe a Gro?raum? Shifting Legal Conceptualisations of the Integration ProjectChristian Joerges10. From Gro?raum to Condominium-A CommentNeil Walker11. Formalism and Anti-formalism in French and German Judicial MethodologyVivian Grosswald Curran12. Judicial Methodology and Fascist and Nazi LawMatthias Mahlmann13. On Nazi 'Honour' and the New European 'Dignity'James Q Whitman14. On Fascist Honour and Human Dignity: A Sceptical ResponseGerald L Neuman15. Corporatist Doctrine and the 'New European Order'Luca Nogler PART IV: RESPONSES TO NATIONAL SOCIALISM AND FASCISM IN NATIONAL LEGAL CULTURES16. The German Impact on Fascist Public Law Doctrine-Costantino Mortati's Material ConstitutionMassimo La Torre17. Mortati and the Science of Public Law: A Comment on La TorreGiacinto Della Cananea18. From Republicanism to Fascist Ideology under The Early FranquismoAugustìn José Menéndez19. Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its LegacyAlexander Somek
Recenzii
we have before us an important, original, and complicated book.
One can only hope that this volume is to bring European law to turn towards the narratives within its own history, that it is able to break the communicative silence, and that it allows [one] to take the shaping of collective memories within European public spaces serious. One can only wish that such debates will rise to the high level of Joerges and Ghaleigh's tome.
.this well-crafted set of essays is welcome. extremely interesting and useful. The project is an important one, which is fully worthy of support.
the volume at hand offers a fascinating fullness of insights and open questions.
.the principal virtue of this book - for which the editors should be warmly thanked - is that it is there, standing hopefully at the outset of a widespread and intensive new research agenda for European law. It would be a scandal is this work did not trigger subsequent studies on the role and influence of Fascist or National-Socialistic thinking in individual European locations.
This book is.unique in the perspective its inquiry takes into European identity, both in its diversity and in its unity.
The collection is rich in breadth and depth.The scope of Darker Legacies is important, for it takes questions that have been primarily directed towards Nazi law and puts them into a broader European framework.
.much can be learned from this book, and it is highly recommended to anyone interested in twentieth-century European legal thought.
.an interesting and thought-provoking contribution.
The biggest portion of the book and the most tantalizing is the part devoted to the question of whether the Nazi order casts a shadow on the European Union.
One can only hope that this volume is to bring European law to turn towards the narratives within its own history, that it is able to break the communicative silence, and that it allows [one] to take the shaping of collective memories within European public spaces serious. One can only wish that such debates will rise to the high level of Joerges and Ghaleigh's tome.
.this well-crafted set of essays is welcome. extremely interesting and useful. The project is an important one, which is fully worthy of support.
the volume at hand offers a fascinating fullness of insights and open questions.
.the principal virtue of this book - for which the editors should be warmly thanked - is that it is there, standing hopefully at the outset of a widespread and intensive new research agenda for European law. It would be a scandal is this work did not trigger subsequent studies on the role and influence of Fascist or National-Socialistic thinking in individual European locations.
This book is.unique in the perspective its inquiry takes into European identity, both in its diversity and in its unity.
The collection is rich in breadth and depth.The scope of Darker Legacies is important, for it takes questions that have been primarily directed towards Nazi law and puts them into a broader European framework.
.much can be learned from this book, and it is highly recommended to anyone interested in twentieth-century European legal thought.
.an interesting and thought-provoking contribution.
The biggest portion of the book and the most tantalizing is the part devoted to the question of whether the Nazi order casts a shadow on the European Union.
Descriere
This book, written by leading scholars, presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism.