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The Impact of Exile on Law and Legal Science 1934–64." Roman Law and the Idea of Europe
Kmak, Magdalena. "The Impact of Exile on Law and Legal Science 1934–64." Roman Law and the Idea of Europe. By Kaius Tuori and Heta Björklund. London: Bloomsbury Academic, 2019. 15–34. Bloomsbury Collections. Web. 1 Feb. 2019. <http:// dx.doi.org/10.5040/9781350058767.0008>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 1 February 2019, 13:28 UTC. Access provided by: University of Helsinki Copyright © Kaius Tuori, Heta Björklund and Contributors, 2019. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher. Roman Law and the Idea of Europe The Impact of Exile on Law and Legal Science 1934–64 1 The Impact of Exile on Law and Legal Science 1934–64 Magdalena Kmak1 Introduction According to the survey ‘List of Displaced German Scholars’ compiled by the Notgemeinschaft deutscher Wissenschaftler im Ausland together with the London Academic Council, as many as 1,639 German scholars lost their positions in the first half of the 1930s. This number grew to over 2,000 after the German annexation of Austria (Krohn 1993: 12; Ash and Söllner 1996: 7). Over a hundred of those who lost their academic positions were lawyers, which constituted about 26 per cent of the law faculties’ staff (Beatson and Zimmermann 2004: 51). About 60 per cent of scholars dismissed from German universities in the 1930s went into exile (Krohn 1993: 15). Despite assistance by individuals and refugee relief organizations, scholars in exile were often forced on arrival to cope with anti-Semitism and the impact of the Great Depression, both of which significantly influenced universities’ ability and willingness to accept them. -
Philosophical Anthropology and the Law
Philosophical Anthropology and the Law Edgar Bodenheimer* I am pleased to dedicate this Article to Hans Kelsen, whose pro- digious work in the field of jurisprudence has made a decisive contribu- tion to this discipline and, whether or not one agrees with his ideas, has made legal scholars throughout the world indebted to him. The Article has a twofold purpose. It is designed to call the attention of the legal profession to a modem branch of research-philosophical an- thropology-located in the frontier between the natural and social sci- ences. Philosophical anthropology originated in the first half of this century on the continent of Europe, reached the stage of early maturity in the second half of the century, and is likely to have a bright future in the English-speaking world. After defining the subject matter of this branch of research and explaining the scope of its inquiry, the Ar- ticle attempts to predict and evaluate the impact of the discipline on legal theory and practice. The potential fruitfulness of the approach pur- sued by philosophical anthropology is tested by applying its method of of investigation to three values of the legal order which have served as lodestars of legal regulation-the values of security, equality, and freedom. Suggestions of further topics deemed worthy of exploration are made in the concluding observations. I PHILOSOPHICAL ANTHROPOLOGY: A GENERAL DEFINITION In general dictionaries as well as in textbooks devoted to the sub- ject, anthropology is usually defined as "the science of man." This definition does justice to the etymological signification of the term, but it hardly spells out with sufficient precision the contentual scope of uni- versity courses and scholarly publications pertaining to the field. -
"The Impact of Exile on Law and Legal Science 1934–64." Roman Law and the Idea of Europe
Kmak, Magdalena. "The Impact of Exile on Law and Legal Science 1934–64." Roman Law and the Idea of Europe. By Kaius Tuori and Heta Björklund. London: Bloomsbury Academic, 2019. 15–34. Bloomsbury Collections. Web. 29 Sep. 2021. <http:// dx.doi.org/10.5040/9781350058767.0008>. Downloaded from Bloomsbury Collections, www.bloomsburycollections.com, 29 September 2021, 21:44 UTC. Copyright © Kaius Tuori, Heta Björklund and Contributors, 2019. You may share this work for non-commercial purposes only, provided you give attribution to the copyright holder and the publisher, and provide a link to the Creative Commons licence. Roman Law and the Idea of Europe The Impact of Exile on Law and Legal Science 1934–64 1 The Impact of Exile on Law and Legal Science 1934–64 Magdalena Kmak1 Introduction According to the survey ‘List of Displaced German Scholars’ compiled by the Notgemeinschaft deutscher Wissenschaftler im Ausland together with the London Academic Council, as many as 1,639 German scholars lost their positions in the first half of the 1930s. This number grew to over 2,000 after the German annexation of Austria (Krohn 1993: 12; Ash and Söllner 1996: 7). Over a hundred of those who lost their academic positions were lawyers, which constituted about 26 per cent of the law faculties’ staff (Beatson and Zimmermann 2004: 51). About 60 per cent of scholars dismissed from German universities in the 1930s went into exile (Krohn 1993: 15). Despite assistance by individuals and refugee relief organizations, scholars in exile were often forced on arrival to cope with anti-Semitism and the impact of the Great Depression, both of which significantly influenced universities’ ability and willingness to accept them.