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 legal scholars 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, Fritz Pringsheim, 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, and evaluates 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 Austrian educated
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 than was 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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