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Roman Law and the Idea of Europe

Roman Law and the Idea of Europe

By Kaius Tuori & Heta Björklund

Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealised shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. 

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  • Full description

    Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealised shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles.

    With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.

  • About the author

    Kaius Tuori is University Lecturer in European Studies at the University of Helsinki, Finland. He is the author of The Emperor of Law: The Emergence of Roman Imperial Adjudication (2016) and Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology (2014). He is also the co-editor, with Paul J du Plessis and Clifford Ando, The Oxford Handbook of Roman Law and Society (2016).

    Heta Björklund has a PhD in Classics from the University of Helsinki, Finland. She has previously worked as an editor at the Classical journal Arctos.

  • Product details

    ISBN: 9781350058736

    Published: 2019

    Format: Hardcover

  • Table of contents

    List of Figures
    List of Contributors
    Acknowledgements
    Introduction: Roman Law and the Idea of Europe
    Kaius Tuori, University of Helsinki, Finland
    1.The Impact of Exile on Law and Legal Science 1934–1964
    Magdalena Kmak, University of Helsinki, Finland
    2.Exiled Romanists between Traditions: Pringsheim, Schulz and Daube
    Kaius Tuori, University of Helsinki, Finland
    3.Francis de Zulueta (1878?1958): An Oxford Roman Lawyer between Totalitarianisms
    Lorena Atzeri, Università degli Studi Milano, Italy
    4.Autonomy and Authority: The image of the Roman Jurists in Schulz and Wieacker
    Jacob Giltaij, University of Helsinki, Finland
    5.Roman Law after 1917: A Stateless Lawyer in Search of Byzantium
    Dina Gusejnova, The University of Sheffield, UK
    6.The Denaturalization of Nordic Law: Germanic Law and the Reception of 'Roman Law' 
    Johann Chapoutot, Institut d'Histoire du Temps Présent, France
    7.The Idea of Rome: Political Fascism and Fascist (Roman) Law
    Cosimo Cascione, University of Naples, Italy
    8.'Byzantium!' – Bona Fides between Rome and 20th-Century Germany
    Hans-Peter Haferkamp, University of Munster, Germany
    9.The Arduous Path to Recover a Common European Legal Culture: Paul Koschaker, 1937?1951
    Tommaso Beggio, University of Trento, Finland
    10.The Weakening of Judgment: Johan Huizinga (1872?1945) and the Crisis of the Western Legal Tradition
    Diego Quaglioni, University of Trento, Finland
    11.Roman Law as Wisdom: Justice and Truth, Honour and Disappointment in Franz Wieacker's Ideas on Roman Law
    Ville Erkkilä, University of Helsinki, Finland
    12.Conceptions of Roman Law in Scots Law: 1900–1960
    Paul Du Plessis, University of Edinburgh, UK
    13.The Search for Authenticity and Singularity in European National History Writing, 1800 to the Present
    Stefan Berger, Ruhr University Bochum, Germany
    14.A Genealogy of Crisis: Europe's Legal Legacy and Ordoliberalism
    Bo Stråth, University of Helsinki, Finland
    Index

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