BIBLIOGRAPHY of MAX RHEINSTEIN's Writingst

Total Page:16

File Type:pdf, Size:1020Kb

BIBLIOGRAPHY of MAX RHEINSTEIN's Writingst The University of Chicago Law Review __LawReview_ VOLUME 45 NUMBER 3 SPRING 1978 BIBLIOGRAPHY OF MAX RHEINSTEIN'S WRITINGSt FAMILY LAW* 1. Marriage. In: Ferm, Vergilius Ture Anselm, Ed. An Encyclopedia of Religion. New York: The Philosophical Library [c1945] pp. 470-472. 2. Our Dual Law of Divorce: The Law in Action versus the Law of the Books. In: Conference on Divorce, February 29, 1952, The University of Chicago Law School Conference Series No. 9 [Chicago: 1952] pp. 39-47. 3. The Code and the Family. In: Schwartz, Bernard, Ed. The Code Napoleon and the Common-law World. New York: New York University Press, 1956, pp. 139-161. 4. Historical Survey of the Law of Parent and Child. In: The Child at Law. Report of the Twenty-eighth Ross Pediatric Research Conference. Columbus, Ohio: Ross Laboratories [1958] pp. 13-17; passim. 5. R6sum6 du discours . i la r~union des sp~cialistes du droit de la famille. In: Universit6 Internationale de Sciences Compardes. Inauguration de la Facultd Internationale de Droit Compare, 11 aodt 1958. Luxembourg: Impr. Saint-Paul, 1959, pp. 47-48. 6. Lectures on Comparative Law, of Divorce. Tokyo: 1961. 1 v. (various pagings) [Japanese with English summary]. 7. [As Editorial Collaborator to Yozo Watanabe]. The Family and the Law: The Individualistic Premise and Modem Japanese Family Law. In: Von Mehren, Arthur Taylor, Ed. Law in Japan; The Order in a Changing Society. Cambridge, Mass.: Harvard University Press, 1963, pp. 364-398. 8. Articles in the Encyclopaedia Britannica: Alimony. 1 Encyclopaedia Britannica633-634 (1964; 1968). Annulment. 1 id. 1022-1023 (1964); 1 id. 1011-1012 (1968). Desertion. 7 id. 296 (1964; 1968). t Compiled by Adolf Sprudzs, Foreign Law Librarian and Lecturer in Legal Bibliogra- phy, The University of Chicago. * Compiler's note: Publications listed in this bibliography are arranged under broad subject headings. There are usually three groups of publications under each subject heading: (1) books and articles in books and encyclopaedias, (2) articles in periodicals, and (3) book reviews. Publications in each group are arranged chronologically by publication date. Group (2) is distinguished from group (1) by the use of italics for the periodical titles. Publications included in group (3) are preceded by [R]. The University of Chicago Law Review [45:489 Interlocutory Decree. 12 id. 385 (1968). Marriage. 14 id. 926-928 (1968). 9. The Law of Family and Succession. In: Yiannopoulos, Athanassios N., Ed. Civil Law in the Modern World. [n.p.] Louisiana State University Press, 1965, pp. 25-57. 10. Motivation of Intergenerational Behavior by Norms of Law. In: Symposium on the Family, Intergenerational Relations and Social Structure, Duke University, 1963. Social Structure and the Family: Generational Relations. Edited by Ethel Shanas [and] Gordon F. Streib. Englewood Cliffs, N.J.: Prentice-Hall [1965], pp. 241-266. 11. Marriage Breakdown in Ticino and Comasco. In: Festschrift ffir Hans G. Ficker zum 70. Geburtstag am 20. July 1967, hrsg. von Murad Feid. Frankfurt: Alfred Metzner, 1967, pp. 385-409. 12. Rechtswidrige Erzeugung menschlichen Lebens-Ein neuer Grund deliktischer Haftung? In: Festschrift fdr Fritz von Hippel zum 70. Geburtstag, hrsg, von Josef Esser und Hans Thieme. Tibingen: J.C.B. Mohr, 1967, pp. 373-390. 13. Divorce Law in Sweden. In: Bohannan, Paul, Ed. Divorce and After. Garden City, N.Y.: Doubleday & Co., 1970, pp. 127-151, 271-275. 14. Marriage Stability, Divorce, and the Law. Chicago: The University of Chicago Press, 1972. Pp. 482. 15. The Family and the Law. In: International Encyclopedia of Comparative Law, Vol. 4: Persons and Family, pp. 1/3-I/19 (Tfibingen, Mohr, 1974). 16. La famille, son dvolution et son droit. (Traduit de l'anglais par Yvonne Marx). In: Aspects nouveaux de la pens~e juridique. Recueil d'6tudes en hommage i Marc Ancel. Paris: Ed A. Pedone, 1975, Vol. 1: 195-206. 17. Spannungen im ehelichen Gilterrecht. In: Familienrecht im Wandel. Festschrift fxlr Hans Hinderling. Hrsg. von Frank Vischer und Adrian Staehelin. Basel: Helbing & Lichtenhahn, 1976, pp. 151-160. 18. Staat und elterliche Erziehungsgewalt. 15 Zentralblatt far Jugendrecht und Jugendwohlfahrt 207-210 (1924). 19. Notes on Recent Illinois Legislation--Illinois Marriage Law. 5 The University of Chicago Law Review 97-107 (1937/1938). 20. The Need for Research in Family Law. 16 The University of Chicago Law Review 691-699 (1948/1949). [Report on an inquiry conducted for the Social Science Research Coun- cil]. 21. Divorce in Action. 45 The University of Chicago Magazine no. 1: 7-9, 20 (October, 1952). 22. Trends in Marriage and Divorce Laws of Western Countries. 18 Law and Contem- porary Problems 3-19 (1953). [Part of a symposium on "Divorce-A Reexamination of Basic Concepts"]. Reprinted in: Sussman, Marvin B. Sourcebook In Marriage and the Family. 2d ed. Boston: Houghton Mifflin Co. [c1963], pp. 430-450; 3rd ed. Boston: 1968. 23. The Law of Divorce and the Problem of Marriage Stability. 9 Vanderbilt Law Review 633-664 (1956). Reprinted under the title "Marriage Stability and Laws on Divorce" in: 8-9 Revista del Instituto de Derecho Comparado (Barcelona) 474-503 (1957) and in: 9 Annales de la Faculte'de Droit d'Istanbul no. 13:15-55 (1960). 24. Colloque on Marriage Stability: Problems for Discussion; Questionnaire. 8-9 Revista del Instituto de Derecho Comparado (Barcelona) 467-473 (1957). 25. Comparative Study of the Legal Means, Direct or Indirect, to Promete (sic!) the Stability of the Family. 8-9 Revista del Instituto de Derecho Comparado(Barcelona) 712-723 (1957). 1978] Max Rheinstein's Writings 26. International Association of Legal Science: The Colloquia at Chicago, September 8-16, 1957. I1. Legal Devices to Promote and Protect the Stability of Marriages. 6 The American Journalof Comparative Law 523-525 (1957). 27. The Stability of the Family; Report to the Director of UNESCO on the Colloquium on a Comparative Study of the Legal Means to Promote the Stability of the Family, Held in Spain, under the Auspices of the International Association of Legal Science. 6 The University of Chicago Law School Record no. 2:4, 17-21 (1957); reprinted in: 9 Annales de la FacultO de Droit d'Istanbul no. 13:1-14 (1960). 28. Recent Research on Marriage Stability (con traducclon espafiola de Fernado N. Barrancos y Vedia). [In English and Spanish; summaries in French, Italian and German]. 1958 Revista juridica de Buenos Aires no. 4: 30-85. 29. [With Alexander Plateris]. The Importance of Central Files of Divorce Records. 46 American Bar Association Journal 1285-1291 (1960); reprinted in: 26 Nevada State Bar Journal 116-132 (1961). 30. Challenge and Response in Family Law. 17 Vanderbilt Law Review 239-255 (1963/1964). [Part of a symposium on "Stability and Change Through Law"]. 31. Annerkennung von Eheurteilen in New York (Court of Appeals of New York, Urteile vom 12.7.1965, Rosenstiel v. Rosenstiel und Wood v. Wood: 16 N.Y. 2d 64; 254 N.Y.S. 2d 527; 209 N.E. 2d 709). 32 Rabels Zeitschrift ftar ausldndisches und internationalesPrivatrecht, Heft 3 (Festgabe fdr Alexander N. Makarov), 527-534 (1968). 32. From Divorce as Punishment to No-Fault Divorce. 33 Revista del Colegio de Aboga- dos de Puerto Rico 523-539 (1972). 33. The Transformation of Marriage and the Law. 68 Northwestern University Law Review 463-479 (1973/1974). 34. Division of Marital Property. 12 Willamette Law Journal413-440 (1975/1976). 35. [R] Tomforde. Das Recht des unehelichen Kindes und seiner Mutter im In- und Ausland. Neubearbeitet von F. Diefenbach und H. Webler. Berlin: Heymann, 1930. Pp. vi, 240. 3 Zeitschrift far auslindisches und internationales Privatrecht 995-998 (1929). [Reviewed together with Weitpert-Richter, Die Rechstsverfolgung. .. ]. 36. [R] Weitpert-Richter. Die Rechtsverfolgung der Unterhaltsanspriche unehelicher Kinder im Ausland. Mtinchen: Schweitzer, 1929. Pp. xv, 160. 3 Zeitschrift far auslandisches und internationales Privatrecht 995-998 (1929). [Reviewed together with Tomforde, Das Recht des unehelichen Kindes . .]. 37. [R] Bo, Giorgio. H Diritto degli Alimenti. Natura del Diritto e Soggeti. Padova: Milano, 1932. Pp. x, 538. 6 Zeitschrift far ausldndisches und internationales Privatrecht 898-899 (1932). 38. [R] Vernier, Chester G. American Family Laws. Vol. III. (Husband and Wife). Stanford University, Cal.: 1935. Pp. xl, 684. 3 The University of Chicago Law Review 685- 688 (1935/1936). 39. [R] Brockelbank, W. J. La formation du marriage dans le droit des Etats-Unis: Essai des synth~se du droit des 6tats particuliers, Etude de droit compar6. Paris: Librarie Arthur Rousseau, 1935. Pp. 477. (Publications de l'Institut de Droit Compar6 de l'Universit6 de Paris, lre s~rie. Collection d'6tudes th~oriques et pratiques de droit 6tranger, de droit compar6 et de droit international, sous la direction de H. Lvy-Ullmann). 2 The University of Toronto Law Journal 168-170 (1937/1938). 40. [R] La Vega, J. G. de. Capacit6 de la femme marine dans le droit de l'Am~rique latine. Paris: Librairie Arthur Rousseau, 1933. Pp. 339 (Publications de l'Institut de Droit compar6 de l'Universit6 de Paris, ire s~rie. Collection d'6tudes th~oriques et pratiques de droit 6tranger, de droit compar6 et de droit international, sous la direction de H. Ldvy- Ullmann). 2 The University of Toronto Law Journal 167 (1937/1938). The University of Chicago Law Review [45:4i89 41. [R] Abbott, Grace. The Child and the State. Chicago: The University of Chicago Press, 1938. 2 vols. 6 The University of Chicago Law Review 355 (1938/1939). 42. [R] Brusiin, 0. Zum Ehescheidungsproblem. Helsinki: Akademische Buchhan- dlung, 1959. Pp. 133. 9 The American Journalof ComparativeLaw 135-137 (1959). 43. [R] Divorce and the Law in Germany: A Review [of: Scheidung und Scheidungs- recht; Grundfragen der Ehescheidung in Deutschland, von Ernst Wolf, Gerhard L1ike und Herbert Hax.
Recommended publications
  • The Conflict of Laws: a Comparative Study: Volume Three, by Ernst Rabel
    Indiana Law Journal Volume 26 Issue 4 Article 9 Summer 1951 The Conflict of Laws: A Comparative Study: Volume Three, by Ernst Rabel Max Rheinstein University of Chicago Law School Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Conflict of Laws Commons Recommended Citation Rheinstein, Max (1951) "The Conflict of Laws: A Comparative Study: Volume Three, by Ernst Rabel," Indiana Law Journal: Vol. 26 : Iss. 4 , Article 9. Available at: https://www.repository.law.indiana.edu/ilj/vol26/iss4/9 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. BOOK REVIEWS THE CONFLICT OF LAWS: A COMPARATIVE STUDY: Volume Three. By Ernst Rabel.* Michigan Legal Studies. Chicago: Callaghan & Co., 1950. Pp. xlvi, 611. $12.50. Of Ernst Rabel's Comparative Study of the Conflict of Laws, the third volume is now available. In the first volume, Rabel, after a brief survey of the literature, the sources and the development of the field, and a concise statement of his methodological program, discussed in detail the problems of personal status, i.e., personal law of individuals; marriage, including mari- tal property law; divorce and annulment; and parental relations. In volume two, Rabel presented his thoughts relating to conflict problems concerning corporations and kindred organizations, torts, and contracts in general. The present, third, volume contains two new parts, viz., Part Nine-Special Obligations, and Part Ten-Modification and Discharge of Obligations.
    [Show full text]
  • A Comparative Study, Volume II, Foreign Corporations: Torts: Contracts in General, by Ernst Rabel
    Indiana Law Journal Volume 24 Issue 2 Article 15 Winter 1949 The Conflict of Laws: A Comparative Study, Volume II, Foreign Corporations: Torts: Contracts in General, by Ernst Rabel Martin Wolff Oxford University Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Business Organizations Law Commons, Comparative and Foreign Law Commons, Conflict of Laws Commons, and the Torts Commons Recommended Citation Wolff, Martin (1949) "The Conflict of Laws: A Comparative Study, Volume II, Foreign Corporations: Torts: Contracts in General, by Ernst Rabel," Indiana Law Journal: Vol. 24 : Iss. 2 , Article 15. Available at: https://www.repository.law.indiana.edu/ilj/vol24/iss2/15 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. 19491 BOOK REVIEWS 319 organized crusade, and more than he, they are willing to use the Court to promote the public policies in which they believe. Walter P. Armstrongt THE CONFLICT OF LAWS: A COMPARATIVE STUDY. Volume II. Foreign Corporations: Torts: Contracts in Gen- eral. By Ernst Rabel.* Ann Arbor: University of Michigan Press; Chicago: Callaghan & Company, 1947. (Michigan Legal Studies.) Pp. xli, 705. $8.00. Sincere tribute must be paid to Ernst Rabel for his new book on Conflict of Laws.1 Like his earlier volume on the sale of goods, this work again reveals the author's vast knowledge and, wide experience, and it demonstrates both his unerring capacity for clear thought and his mastery over an immense wealth of material.
    [Show full text]
  • LAW on INTERNATIONAL SALES of GOODS Kumt H
    1964] COMMENT THE UNITED STATES AND PLANS FOR A UNIFORM (WORLD) LAW ON INTERNATIONAL SALES OF GOODS KumT H. NADEmmANN f A diplomatic conference will open at The Hague on April 2, 1964 to consider the draft of a Uniform Law on International Sales of Goods. This country has not participated in the preparation of the draft, yet any agreement reached by other nations on a uniform law will affect American interests. The history of the project can be traced to the days of the League of Nations, when Mussolini offered the League his government's backing for an institution, situated in Rome, which would work on unification of law. The Rome Institute, formally called the Inter- national Institute for the Unification of Private Law,1 in 1930 ap- pointed a committee, composed of experts from England, France, Germany, and Sweden,2 to draft a uniform law on international sales of goods. A first draft was communicated by the League of Nations to the governments for their comments in 19352 On the basis of these comments, the committee prepared a revised draft consisting of 105 articles, which became available in 1939.' After the war, the Rome Institute, transformed into a permanent international institu- tion,15 suggested to the government of the Netherlands that it call a t Research Scholar, Harvard Law School. Adjunct Associate Professor of Law, New York University. J.U.D. 1921, Freiburg i. Br.; Lic. en droit 1934, Paris. 1 For a history of the Institute see INTERNATIONAL INSTITUTE FOR THE UNIFICA- TION OF PrIvrATE LAw, 1948 UNIFICATION OF LAW 15 [hereinafter cited as UNIFICA- TION OF LAw].
    [Show full text]
  • Situs Problems in Enemy Property Measures
    SITUS PROBLEMS IN ENEMY PROPERTY MEASURES ERNST RABEL* It is difficult at the present stage of developments to discuss the problems in con- flict of laws that will arise from the current war. The different measures that have been taken in various countries are largely provisional in character; future regula- tions are not easily predictable. There are, however, available to us certain general principles and experiences of the last war.' Those principles converge, verbally at least, around the situs of property. It is therefore largely toward that concept that the present discussion is directed. I. Ti SIGNIFICANCE OF SITus Lack of Uniformity in Treatment'of Enemy Property During the present war, enemy property has been treated separately by prac- tically every one of the countries that are at war or have broken diplomatic relations with the Axis. Measures, such as seizures, freezing, compulsory administration and grant of licenses or sale, generally have a triple purpose. The state seeks to prevent the enemy from detrimental use of the funds involved, to avail itself of these funds for the promotion of war, and to secure satisfaction of claims against the enemy state or nationals. In nature, all these measures are provisional, having in view an eventual final settlement. In the case of sales of enemy property, the question of compensation is reserved. In this country, although tide to property seized by the Alien Property Custodian is fully vested in him, he has declared that no step is being * Dr. Jur., 1896, Vienna; Dr. Hon. C., Athens. Research Associate, University of Michigan. Formerly: Professor of Law in the Universities of Leipzig, Basle, Kiel, Goettingen, Munich, and Berlin; Director of the Institute for Foreign and International Private "Law; Member of the Council and the Executive Com- mittee of the International Institute for the Unification of Private Law in Rome; Judge of Swiss and German courts, the Germano-Italian Mixed Arbitral Tribunal, and the World Court.
    [Show full text]
  • Ernst Rabels Grand Design Der Rechtsvergleichung: Ein Internationalist Zwischen Rechtsgeschichte Und -Praxis
    Journal of New Frontiers in Spatial Concepts ISSN 1868-6648 | Volume 2(2010), 28-32 KIT Scientific Publishing http://ejournal.uvka.de/spatialconcepts/archives/1128 Ernst Rabels grand design der Rechtsvergleichung: ein Internationalist zwischen Rechtsgeschichte und -praxis Rolf-Ulrich Kunze Institut für Philosophie, KIT, E-Mail: [email protected] Abstract When Prof. Ernst Rabel (1874-1955) was appointed director of the Kaiser Wilhelm Institute for international private Law at Berlin in 1926, he already was one of the world’s most renowned researchers and teachers of both comparative and international private law. The article outlines major aspects of the uniqueness of his work. Keywords: Ernst Rabel, international private law, comparative law Manuscript recieved 24 July 2010, revised 28 July 2010, accepted 12 August 2010. Copyright note: This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distri- bution, and reproduction in any medium, provided that the original work is properly cited. ,totalgeschichtlichen’ Ansatz Karl Lamprechts4 e- Strukturalist: der Jurist und Rechtshistoriker benbürtig. Rabel war in praktischer und theoreti- scher Hinsicht ein system builder.5 Und ähnlich wie Ernst Rabel (1874-1955), dessen Todestag sich am 7. bei Webers idealtypologischer Methodik sind zahl- September 2010 zum 55. Mal jährt, gehört zu den reiche von Rabels Ansätzen so zum selbstverständli- herausragenden Juristen, Wissenschaftsorganisato- chen Kernbestand auf dem Gebiet
    [Show full text]
  • Ernst Rabel, Septuagenarian
    University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1944 Ernst Rabel, Septuagenarian Max Rheinstein Hans Julius Wolff Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Max Rheinstein & Hans Julius Wolff, "Ernst Rabel, Septuagenarian," 19 Tulane Law Review 1 (1944). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. TULANE LAW REVIEW Vol. XIX OCTOBER, 1944 No. 1 ERNST RABEL, SEPTUAGENARIAN This issue of the Tulane Law Review is dedicated to one of its contributing editors, Ernst Rabel, who celebrated his sev- entieth birthday on January 28, 1944. On that occasion there was handed to him a collection of essays written in his honor by some of his friends and students. The Tulane Law Review has decided to publish those contributions to the original symposium which the editor assumed to meet with the spe- cial interest of its readers. Other parts of the symposium will be published in periodicals dealing with ancient history or papyrology.1 To the readers of the Tulane Law Review, Ernst Rabel's name has long been familiar. Since 1932 it has appeared on the masthead as that of a contributing editor, together with those of some of the world's other leading scholars in the field of comparative law. To that group of leading scholars Ernst Rabel belongs, in- deed.
    [Show full text]
  • Private Laws of Western Civilization: Part III. the German and Swiss Civil Codes Ernst Rabel
    Louisiana Law Review Volume 10 | Number 3 Student Symposium: Comments on the Conflict of Laws March 1950 Private Laws of Western Civilization: Part III. The German and Swiss Civil Codes Ernst Rabel Repository Citation Ernst Rabel, Private Laws of Western Civilization: Part III. The German and Swiss Civil Codes, 10 La. L. Rev. (1950) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol10/iss3/2 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Private Laws of Western Civilizationt ERNST RABEL* PART III. THE GERMAN AND THE SWISS CIVIL CODES' 2 THE GERMAN CODE The Birgerliches Gesetzbuch of August 18, 1896-commonly cited as "Begebe"-came into force on January 1, 1900. Before this codification created a unified private law, the map of the country showing the laws of the several territories was like a mosaic of infinite variety transcending the distinction of states. Common law, mixed out of Roman-Byzantine, Canon, and Ger- manic elements often transformed, the Prussian Landrecht, and the French law were noticeable in larger parts of the Reich, but all were partially superseded by a multitude of local statutes and customs having precedence over the common law. Nevertheless, unification caused less difficulty than in other countries. The rea- son was evidently the scientific prevalence of the Roman-German law, which during the nineteenth century occupied the first place in the law schools and the learned literature, to the damage of what could have been learned from the Prussian code and prac- tice.
    [Show full text]
  • THE CONFLICT of LAWS: a COMPARATIVE STUDY (Volume
    Louisiana Law Review Volume 6 | Number 4 The Work of the Louisiana Supreme Court for the 1944-1945 Term May 1946 THE CONFLICT OF LAWS: A COMPARATIVE STUDY (Volume One, Introduction and Family Law), by Ernst Rabel.1 Michigan Legal Studies, The niU versity of Michigan Press, Ann Arbor; Callaghan & Company, Chicago. 1945. Pp. Ivi, 745. $12.50. Robert A. Pascal Repository Citation Robert A. Pascal, THE CONFLICT OF LAWS: A COMPARATIVE STUDY (Volume One, Introduction and Family Law), by Ernst Rabel.1 Michigan Legal Studies, The University of Michigan Press, Ann Arbor; Callaghan & Company, Chicago. 1945. Pp. Ivi, 745. $12.50., 6 La. L. Rev. (1946) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol6/iss4/22 This Book Review is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Book Reviews THE CONFLICT OF LAWS: A COMPARATIVE STUDY (Volume One, Introduction and Family Law), by Ernst Rabel. 1 Michigan Legal Studies, The University of Michigan Press, Ann Arbor; Callaghan & Company, Chicago. 1945. Pp. Ivi, 745. $12.50. This book should mark the opening of a new era in the con- flict of laws. Rabel substitutes factual or social situations for legal relations as the subject of conflicts rules.2 In so doing he makes possible the uniform achievement of just or desirable re- sults through uniform conflicts rules. There can be no doubt that the policy of the conflict of laws should be uniform reference of a situation, regardless of forum, to the law which most satisfies general social and economic de- mands.
    [Show full text]
  • International Institute for the Unification of Private
    International Institute for the Unifi cation of Private Law Urs Peter Gruber I. Introduction Th e International Institute for the Unifi cation of Private Law (UNIDROIT) is an independent intergovernmental organization with its seat in Rome. Th e purpose of UNIDROIT, as laid down in Art. 1 of the UNIDROIT Statute, is to study the requirements and methods for modernising, harmonizing, and co-ordinating private law – especially commercial law – between states and groups of states. To this end, the Institute prepares draft s of international conventions as well as non-binding, ‘soft law’ instruments such as guide- lines and principles. It also organises conferences and studies in comparative private law. Since 1996, the organization has published a quarterly journal called the Uniform Law Review, which is intended to be a comprehensive source of information on uniform law for all those involved in international private commercial law. UNIDROIT is one of the three key private-law mak- ing organizations oft en referred to as the ‘three sisters’ – the other two being the Hague Conference on Private International Law, and UNCITRAL (the United Nations Commission on International Trade Law). II. Origins and Development UNIDROIT was originally founded in 1926 as an auxiliary organ of the League of Nations. A well-known member and promoter of the Institute was the German professor Ernst Rabel, who served as a member from 1927. He advocated a comparative law analysis as groundwork for law unifi cation projects. Aft er the demise of the League of Nations, UNIDROIT was re- established in 1940 on the basis of a multilateral agreement.
    [Show full text]
  • Comparative Law and Conflict of Laws in Germany
    COMPARATIVE LAW AND CONFLICT OF LAWS IN GERMANY MAx RHmNsTExn* I EGAL science is confined to country jurisprudence, the scientific borders coinciding with the political ones. A humiliating, un- worthy form for a science!" In 1924 Hermann Isay placed these words of Rudolf v. Jhering' at the head of his pamphlet The Isolation of German Legal Thought. It was dedi- cated "To the Young German Lawyers," and it stirred deeply Germany's legal profession. This suggestive little book warned German legal science against the danger of getting into a blind alley, of becoming lost in arid positivism. "Legal science is a normative science. It deals with the regulation of general life. Ultimately such a task cannot be achieved unless founded upon a philosophy, its rules cannot be applied except on such a basis, if the law is to be elevated, in practice and theoretical reflection, above the level of mere empiricism. When one regards the mind of German lawyers from this viewpoint, one cannot suppress a feeling of dismay. The practitioners rarely concern themselves with the fundamentals of the law or de- vote conscious reflection to the nature of the law; for them, legal philosophy is out of the question. In the theoretical fields of legal science, the situation is not very different. Positivism, sometimes a very dull positivism, is supreme." These harsh words were born out of polemic, and are therefore naturally exaggerating, but they are by no means untrue in their substance. One of the principal sources of this evil, so Isay stated, was the isolation of German legal thought, its deliberate seclusion from the flow of legal thought in the other parts of our civilized world.
    [Show full text]
  • Establishing Comparative Law in the United States: the First Fifty Years
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Global Studies Law Review Volume 4 Issue 3 Centennial Universal Congress of Lawyers Conference—Lawyers & Jurists in the 21st Century January 2005 Establishing Comparative Law in the United States: The First Fifty Years David S. Clark Willamette University College of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons Recommended Citation David S. Clark, Establishing Comparative Law in the United States: The First Fifty Years, 4 WASH. U. GLOBAL STUD. L. REV. 583 (2005), https://openscholarship.wustl.edu/law_globalstudies/vol4/iss3/6 This Remark is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. ESTABLISHING COMPARATIVE LAW IN THE UNITED STATES: THE FIRST FIFTY YEARS DAVID S. CLARK* Most American comparative lawyers are familiar with the accepted history of organized comparative law in the United States. It is usually dated from 1951, when representatives from ten law schools and the American Foreign Law Association joined together as the first sponsor members of the American Association for the Comparative Study of Law (today the American Society of Comparative Law), which in 1952 began publishing the American Journal of Comparative Law. Several of these representatives were immigrants who had fled Germany in the 1930s, which helped to set the scholarly agenda in the early years.
    [Show full text]
  • The Law Professor Refugee
    Grossfeld and Winship: The Law Professor Refugee THE LAW PROFESSOR REFUGEE Bernhard Grossfeld* Peter Winship** I. INTRODUCTION A. A New Discussion The fate of those European legal scholars who escaped the in­ ferno of 1933-1945 has reached the level of academic discussion. 1 So far this discussion has emphasized the extent to which these jurists have had an impact on the development of legal ideas within their host countries, especially within the United States. However, focusing on the impact of these refugees does not illu­ minate the full complexity of the subject. It highlights the successes abroad, while leaving the darker background in obscurity. People might come to believe that "emigration" - as it is wrongly called - was not that bad after all, especially "emigration" to America. 2 B. The Darker Side An enthusiastic picture of emigration does not show the sad real­ ity of expatriation - of being driven out of one's native country and into a very different geographic and cultural environment. From Vi­ enna to Buffalo (Arthur Lenhofl), from Berlin to Ann Arbor (Ernst Rabel), from Prague to Dallas (Jan Charmatz). These moves were much more than just changes in urban environment. The average German or American lawyer today is unable to imagine the brutality of the cultural shock that accompanied these changes. 3 The shock is even greater for law professors than for many other professionals. They must survive in a completely different legal sys­ tem without the instrument they are best trained in, their native Ian- • Professor of Law and Director of the Institute for International Business Law, Univer­ sity of Munster, Germany.
    [Show full text]