Jurists Uprooted: German-Speaking Emigre Lawyers in Twentieth Century Britain

Hardcover | October 7, 2004

EditorJack Beatson, Reinhard Zimmermann

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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 legalscholars 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, FritzPringsheim, 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, andevaluates 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 Austrianeducated 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 thanwas 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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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 legalscholars to the development of English law....

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...

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Format:HardcoverDimensions:872 pages, 9.21 × 6.14 × 1.94 inPublished:October 7, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199270589

ISBN - 13:9780199270583

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Table of Contents

Jack Beatson and Reinhard Zimmermann: PrefaceReinhard Zimmermann: 'Was Heimat hiess, nun heisst es Holle' The Emigration of Lawyers from Hitler's Germany: Political Background, Legal Framework, and Cultural ContextJack Beatson: Aliens, Enemy Aliens, and Friendly Enemy Aliens: Britain as a Home for Emigre and Refugee LawyersWolfgang Ernst: Fritz Schulz (1879-1957)Tony Honore: Fritz Pringsheim (1882-1967)Alan Rodger: David Daube (1909-1999)Peter Birks: Roman Law in Twentieth Century EnglandDavid Ibbetson: Hermann Kantorowicz (1877-1940) and Walter Ullmann (1910-1983)Mark Freedland: Otto Kahn-Freund (1900-1979)Werner Lorenz: Ernst J. Cohn (1904-1976)Tony Jolowicz: Comparative Law in Twentieth Century EnglandJohn Adams: Clive Macmillan Schmitthoff (1903-1990)Lawrence Collins: F. A. Mann (1907-1991)Gerhard Dannemann: Martin Wolff (1872-1953) Christopher Forsyth: Kurt Lipstein (1909-)Peter North: English Private International Law in Twentieth Century EnglandJohn Bell: Wolfgang Friedmann (1907-1972) (with an excursus on Gustav Radbruch [1978-1949])Manfred Wiegandt: Gerhard Leibholz (1901-1982)Mathias Schmoeckel: Lassa Oppenheim (1858-1919)Martti Koskenniemi: Hersch Lauterpacht (1897-1960)Stephanie Steinle: Georg Schwarzenberger (1908-1991)James Crawford: Public International Law in Twentieth Century EnglandRoger Hood: Hermann Mannheim (1889-1974) and Max Grunhut (1893-1964)Peter Stein: Emigre Legal Scholars in BritainBarry Nicholas: German Refugees in Oxford - Some Personal RecollectionsChristian v. Bar: Kurt LipsteinKurt Lipstein: Cambridge 1933-2002Frank Wooldridge, Jack Beatson, and Reinhard Zimmermann: AppendixIndex