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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Jurists Uprooted: German-Speaking Emigre Lawyers in 20th century Britain

ISBN13: 9780199270583
ISBN: 0199270589
Published: September 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00

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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.

  • The first assessment of the contribution of refugee and emigre legal scholars to English law
  • Contributions to the intellectual history of a number of areas of English law in the 20th century, by an outstanding cast of contributors
  • Particularly topical because the relationship of the common law with the civilian legal systems of Europe is of increasing theoretical and practical imporance

Preface; 'Was Heimat hies, nun heist es Holle' The Emigration of Lawyers from Hitler's Germany: Political Background, Legal Framework, and Cultural Context; Aliens, Enemy Aliens, and Friendly Enemy Aliens: Britain as a Home for Emigre and Refugee Lawyers; Fritz Schulz (1879-1957); Fritz Pringsheim (1882-1967); David Daube (1909-1999); Roman Law in Twentieth Century England; Hermann Kantorowicz (1877-1940) and Walter Ullmann (1910-1983); Otto Kahn-Freund (1900-1979); Ernst J. Cohn (1904-1976); Comparative Law in Twentieth Century England; Clive Macmillan Schmitthoff (1903-1990); F. A. Mann (1907-1991); Martin Wolff (1872-1953); Kurt Lipstein (1909-); English Private International Law in Twentieth Century England; Wolfgang Friedmann (1907-1972) (with an excursus on Gustav Radbruch [1978-1949]); Gerhard Leibholz (1901-1982); Lassa Oppenheim (1858-1919); Hersch Lauterpacht (1897-1960); Georg Schwarzenberger (1908-1991); Public International Law in Twentieth Century England; Hermann Mannheim (1889-1974) and Max Grunhut (1893-1964); Emigre Legal Scholars in Britain; German Refugees in Oxford - Some Personal Recollections; Kurt Lipstein; Cambridge 1933-2002; Appendix; Index