Darker Legacies of Law in Europe: The Shadow of National Socialism and Fascism over Europe and its Legal Traditions

(Hardback)

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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 Vergangehitsbewaltigung. 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.

Reviews

we have before us an important, original, and complicated book. -- Pietro Costa * European Law Books *
One can only hope that this volume is to bring European law to turn towards the narratives within its own history, that it is able to break the communicative silence, and that it allows [one] to take the shaping of collective memories within European public spaces serious. One can only wish that such debates will rise to the high level of Joerges and Ghaleigh's tome. -- Andreas Fischer-Lescano Translated by Harry Bauer * Kritische Justiz *
this well-crafted set of essays is welcome extremely interesting and useful. The project is an important one, which is fully worthy of support. -- Robert Cryer * European Public Law, Vol 12, no.1 *
the volume at hand offers a fascinating fullness of insights and open questions. -- Clemens Jabloner (translated by Jo Eric Murkens) * Journal fr Rechtspolitik *
the principal virtue of this book - for which the editors should be warmly thanked - is that it is there, standing hopefully at the outset of a widespread and intensive new research agenda for European law. It would be a scandal is this work did not trigger subsequent studies on the role and influence of Fascist or National-Socialistic thinking in individual European locations -- Martti Koskenniemi * European Journal of International Law *
This book isunique in the perspective its inquiry takes into European identity, both in its diversity and in its unity. -- Thomas Mertens * Ratio Juris *
The collection is rich in breadth and depthThe scope of Darker Legacies is important, for it takes questions that have been primarily directed towards Nazi law and puts them into a broader European framework. -- Mayo Moran * Toronto Law Journal *
much can be learned from this book, and it is highly recommended to anyone interested in twentieth-century European legal thought. -- William E. Scheuerman * Rabels Zeitschrift fr auslndisches und internationals privatrecht *
an interesting and thought-provoking contribution -- Martin Loughlin * European Law Review *
The biggest portion of the book and the most tantalizing is the part devoted to the question of whether the Nazi order casts a shadow on the European Union. -- Detlev F. Vagts * American Journal of Comparative Law *

Author Bio

Christian Joerges is Professor of Economic Law at the European University Institute,Florence. Navraj Singh Ghaleigh is Lecturer of Public Law at Edinburgh Law School, University of Edinburgh.