The aim of the present paper consists in analysing Paul Koschaker’s stances onRoman law and the crisis it faced in Germany during the thirties, as well as his academicexperience, from 1936 till 1947. Actually 1936 represents the year when Koschaker obtainedthe prestigious chair for Roman law at the University of Berlin, whereas in 1947 his masterpiece,Europa und das römische Recht, was published. Nevertheless the article deals mainly with thecontent and the meaning of the work published by Koschaker in 1938, Die Krise des römischenRechts und die romanistische Rechtswisenschaft. Since this text has been considerd by thescholars either a political pamphlet against the Nazi regime, or an indirect academic support tothe Nazi ideology, a detailed investigation of Koschaker’s work will be carried out, to understandif it’s actually possible to offer such a clear-cut judgments on this writing. The main stancessuggested by Koschaker in order to restore dignity to Roman law will be discussed, payingattention as well to the reaction they caused among the scholars, the Italian ones in particular.Furthermore, some archival documents, in part still unpublished, will be analyzed to get a betterunderstanding not only of Koschaker’s scientific and academic ideas, but also of his approachtowards the regime. Eventually it will appear how it is necessary to adopt some prudence, whenevaluating the behaviour and the ideas of a scholar who lived in such a dark age, like the oneof the Nazi regime was.

Paul Koschaker and the path to “Europa und das römische Recht” (1936-1947) / Beggio, Tommaso. - In: LEGAL ROOTS. - ISSN 2280-4994. - STAMPA. - 2017, 6:(2017), pp. 291-326.

Paul Koschaker and the path to “Europa und das römische Recht” (1936-1947)

Beggio, Tommaso
2017

Abstract

The aim of the present paper consists in analysing Paul Koschaker’s stances onRoman law and the crisis it faced in Germany during the thirties, as well as his academicexperience, from 1936 till 1947. Actually 1936 represents the year when Koschaker obtainedthe prestigious chair for Roman law at the University of Berlin, whereas in 1947 his masterpiece,Europa und das römische Recht, was published. Nevertheless the article deals mainly with thecontent and the meaning of the work published by Koschaker in 1938, Die Krise des römischenRechts und die romanistische Rechtswisenschaft. Since this text has been considerd by thescholars either a political pamphlet against the Nazi regime, or an indirect academic support tothe Nazi ideology, a detailed investigation of Koschaker’s work will be carried out, to understandif it’s actually possible to offer such a clear-cut judgments on this writing. The main stancessuggested by Koschaker in order to restore dignity to Roman law will be discussed, payingattention as well to the reaction they caused among the scholars, the Italian ones in particular.Furthermore, some archival documents, in part still unpublished, will be analyzed to get a betterunderstanding not only of Koschaker’s scientific and academic ideas, but also of his approachtowards the regime. Eventually it will appear how it is necessary to adopt some prudence, whenevaluating the behaviour and the ideas of a scholar who lived in such a dark age, like the oneof the Nazi regime was.
Beggio, Tommaso
Paul Koschaker and the path to “Europa und das römische Recht” (1936-1947) / Beggio, Tommaso. - In: LEGAL ROOTS. - ISSN 2280-4994. - STAMPA. - 2017, 6:(2017), pp. 291-326.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/216952
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