Darker Legacies Of Law In Europe PDF Download
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Author | : Christian Joerges |
Publisher | : Bloomsbury Publishing |
Total Pages | : 440 |
Release | : 2003-05-22 |
Genre | : Law |
ISBN | : 1847311679 |
Download Darker Legacies of Law in Europe Book in PDF, ePub and Kindle
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.
Author | : Christian Joerges |
Publisher | : |
Total Pages | : 416 |
Release | : 2003 |
Genre | : Fascism and education |
ISBN | : 9781472562753 |
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Fascist legal theory, its uncritical acceptance of fascist legal thinking by American and British scholars of the time, and the continuing remnants of its system in extant institutions all point to the uncomfortable fact that questions of fascism, Nazism, and legal practice and theory need to be understood as a European problem of contemporary rele.
Author | : Christian Joerges |
Publisher | : Hart Publishing |
Total Pages | : 440 |
Release | : 2003-05-30 |
Genre | : History |
ISBN | : 1841133108 |
Download Darker Legacies of Law in Europe Book in PDF, ePub and Kindle
This book, written by leading scholars, presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism.
Author | : |
Publisher | : |
Total Pages | : 186 |
Release | : 2006 |
Genre | : Law |
ISBN | : |
Download European Integration in the Shadow of Europe's Darker Pasts Book in PDF, ePub and Kindle
Author | : Detlev F. Vagts |
Publisher | : |
Total Pages | : |
Release | : 2003 |
Genre | : |
ISBN | : |
Download Book Review Book in PDF, ePub and Kindle
Author | : Christian Joerges |
Publisher | : Bloomsbury Publishing |
Total Pages | : 619 |
Release | : 2022-10-06 |
Genre | : Law |
ISBN | : 1509926976 |
Download Conflict and Transformation Book in PDF, ePub and Kindle
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Author | : Stephen Skinner |
Publisher | : Bloomsbury Publishing |
Total Pages | : 357 |
Release | : 2015-02-26 |
Genre | : Law |
ISBN | : 1782255478 |
Download Fascism and Criminal Law Book in PDF, ePub and Kindle
Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.
Author | : Kaius Tuori |
Publisher | : Bloomsbury Publishing |
Total Pages | : 384 |
Release | : 2018-12-27 |
Genre | : History |
ISBN | : 1350058750 |
Download Roman Law and the Idea of Europe Book in PDF, ePub and Kindle
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. 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 idealized 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.
Author | : Stephen Skinner |
Publisher | : Bloomsbury Publishing |
Total Pages | : 482 |
Release | : 2019-09-05 |
Genre | : Law |
ISBN | : 1509910824 |
Download Ideology and Criminal Law Book in PDF, ePub and Kindle
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Author | : Turkuler Isiksel |
Publisher | : Oxford University Press |
Total Pages | : 376 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 0191076872 |
Download Europe's Functional Constitution Book in PDF, ePub and Kindle
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.