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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Darker Legacies of Law in Europe

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Edited by: C. Joerges, N.S. Ghaleigh

ISBN13: 9781841133102
ISBN: 1841133108
Published: May 2003
Publisher: Hart Publishing
Country of Publication: United States
Format: Hardback
Price: £95.00



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The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. 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. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession’s endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.

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Subjects:
Legal History, EU Law
Contents:
PART I: CONTINUITY AND RUPTURE
1. The Problem of Perceptions of National Socialist Law or: Was there a Constitutional Theory of National Socialism?
Oliver Lepsius
2. Looking into the Brightly Lit Room: Braving Carl Schmitt in ‘Europe’
Navraj Singh Ghaleigh

PART II: THE ERA OF NATIONAL SOCIALISM AND FASCISM
3. The Fascist Theory of Contract
Pier Giuseppe Monateri and Allessandro Somma
4. ‘Spheres of Influence’ and ‘Völkisch’ Legal Thought: Reinhard Höhn’s Notion of Europe
Ingo J Hueck
5. ‘The outsider does not see al the game…’: Perceptions of German Law in Anglo-American Legal Scholarship,1933-11940
David Fraser
6. ‘A Distorted Image of Ourselves’: Nazism, ‘Liberal’ Societies and the Qualities of Difference
Laurence Lustgarten

PART III: CONTINUITY AND RECONFIGURATION
7. Carl Schmitt’s Europe: Cultural, Imperial and Spatial, Proposals for European Integration, 1923-1955
John P McCormick
8. Culture and the Rationality of Law from Weimar to Maastricht
J Peter Burgess
9. Europe a Gro?raum? Shifting Legal Conceptualisations of the Integration Project
Christian Joerges
10. From Gro?raum to Condominium—A Comment
Neil Walker
11. Formalism and Anti-formalism in French and German Judicial Methodology
Vivian Grosswald Curran
12. Judicial Methodology and Fascist and Nazi Law
Matthias Mahlmann
13. On Nazi ‘Honour’ and the New European ‘Dignity’
James Q Whitman
14. On Fascist Honour and Human Dignity: A Sceptical Response
Gerald L Neuman
15. Corporatist Doctrine and the ‘New European Order’
Luca Nogler

PART IV: RESPONSES TO NATIONAL SOCIALISM AND FASCISM IN NATIONAL LEGAL CULTURES
16. The German Impact on Fascist Public Law Doctrine—Costantino Mortati’s Material Constitution
Massimo La Torre
17. Mortati and the Science of Public Law: A Comment on La Torre
Giacinto Della Cananea
18. From Republicanism to Fascist Ideology under The Early Franquismo
Augustìn José Menéndez
19. Authoritarian Constitutionalism: Austrian Constitutional Doctrine 1933 to 1938 and its Legacy
Alexander Somek