Recent years have seen a growing body of literature on the contribution of scientists, historians, and literary and artistic figures who were forced to leave Germany and Austria after Hitler came to power. This volume is the first study of the important contribution of refugee and emigre legal
scholars to the development of English law. Those considered in the book are: E. J. Cohn, David Daube, Rudolf Graupner, Max Grunhut, Hermann Kantorowicz, Otto Kahn-Freund, Hersch Lauterpacht, Gerhard Leibholz, Kurt Lipstein, F. A. Mann, Hermann Mannheim, Lassa Oppenheim, Otto Prausnitz, Fritz
Pringsheim, Gustav Radbruch, Clive Schmitthoff, Fritz Schulz, Georg Schwarzenberger, Walter Ullmann, Martin Wolff, and Wolfgang Friedmann.
The scene is set by two introductory chapters which explore the general background to the exodus of the emigre scholars from Germany and to their arrival in the United Kingdom. The volume then moves on to analyse the scholars'' backgrounds, histories, and intellectual bent as individuals, and
evaluates their work and its impact on legal scholarship in both England and Germany. In those subjects where the influence of these scholars was particularly strong: public and private international law, Roman law, and comparative law; it considers how far, collectively, these German and Austrian
educated refugees and emigres shaped the development of the law. There are also a number of personal memoirs, including one by the surviving member of the group, Kurt Lipstein.
These lawyers had received their first legal training in a civilian legal system, but in the UK they were faced by the less schematic, more pragmatic, common law. The differences between these legal traditions made it more difficult for them to adjust and to find suitable professional positions than
was the case for refugee scientists, for example. However the differences gave them a unique perspective which is of particular interest today, when the relationships between the common law and the civilian legal systems of Europe are of growing theoretical and practical imporance.
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Jurists Uprooted: German-Speaking Emigre Lawyers in Twentieth Century Britain
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Jurists Uprooted: German-Speaking Emigre Lawyers in Twentieth Century Britain
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Published date: Oct 07, 2004
Language: English
No. of Pages: 872
Publisher: Oxford University Press
ISBN: 9780199270583
Dimensions:
6.141732283" W x
1.940944881" L x
9.212598425" H
Sir Jack Beatson, FBA, is a Justice of the High Court, Queen''s Bench Division, and former Rouse Ball Professor of English Law at the University of Cambridge. Reinhard Zimmermann, FBA, is Director of the Max Planck Institute for Foreign and Comparative Law, Hamburg; and Professor of Private
Law, Roman Law, and Comparative Legal History at the University of Regensburg.
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