“Critical Legal Thought: An American-German Debate” An Introduction at the Occasion of Its Republication in the German Law Journal 25 Years Later

2011 ◽  
Vol 12 (1) ◽  
pp. 2-9 ◽  
Author(s):  
Peer Zumbansen

On the occasion of the republication of the “blue volume,” containing the proceedings of the 1986 “Critical Legal Thought: An American-German Debate” Conference at the University of Bremen Law School, much or little might be said as to the significance, promises or learned lessons of that event. The original conference conveners, like the editors of the ensuing volume, do much of that in the following pages. In fact, their recollection of the motivations and ideas driving the transatlantic event provides a marvelous view into the evolving mystery of legal thought, education and professionalism - on both sides of the Atlantic. The two accounts rightly embed the mid-1980s conference in a much larger historical context. Christian Joerges’ much-referenced account reaches back deep into the constituting phases of nineteenth-century German legal thought. David Trubek's essay is a thoughtful critical assessment of both the gaps and the overlaps between the German and the American legal cultures in the lead-up to and of the globalizing aftermath of the event.

2003 ◽  
Vol 4 (2) ◽  
pp. 173-175
Author(s):  
Andreas Paulus

To introduce Bruno Simma to the readers of German Law Journal is both an easy and a difficult task. An easy one because it will hardly be necessary to introduce his writings to those who have done only the slightest research in public international law– from his textbook “Universelles Völkerrecht” of 1976, co-authored with his teacher and mentor Alfred Verdross and still widely cited in German literature and jurisprudence, to the Commentary of the Charter of the United Nations which he first edited (in German) in 1991, the second English edition of which was published last year by Oxford University Press. On the other hand, writing on Bruno Simma is a difficult task because many of you will already have got a personal impression already – meeting him in Munich, where he has been teaching international and European law for no less than thirty years, in Ann Arbor/Michigan, where he is member of the affiliate overseas faculty of the University of Michigan Law School (since 1997) after teaching there for more than ten years, or at the Academies in The Hague or Florence, where he has taught much-acclaimed and -cited lectures on the move of international law “from bilateralism to community interest” and the relationship between human rights law and general international law. An even broader audience has come to know him for his public appearances in the press, the radio or television, in particular for his characterization of the dilemma of the Kosovo intervention as a “thin red line” between legality and morality. His article on “NATO, the UN and the Use of Force” appeared on the Webpages of the European Journal of International Law – the leading European international law journal he co-founded in 1990 and still co-edits – even before the first shots were fired.


2006 ◽  
Vol 21 (1) ◽  
pp. 39-100 ◽  
Author(s):  
Chaim Saiman

The nineteenth century was the age of legal science. Across the globe, numerous cultures began to think of their law in terms of an interlocking system of internally coherent rules. While the details differ, these movements shared the belief that numerous legal propositions were held together by a small number of core legal concepts, and that correct decisions could be determined via formal methods of legal deduction and analysis. This mode of legal thought gave increased importance to legal concepts and analytic categories. Duncan Kennedy has termed this mode of legal analysis Classical Legal Thought.This restructuring of legal analysis brought about changes in the understanding of what the law is and how it should be studied. In its American variant, the ascendance of Classical Legal Thought is usually associated with Christopher C. Langdell's tenure as dean of Harvard's law school. Langdell created the modern law school by shifting legal training away from apprenticeship and moving it to a university setting where students were trained as legal scholars. Underlying the Langdellian moment is the assumption that law is comprised of analytic concepts which can be apolitically applied through a series of deductions made from the core legal principal.


2018 ◽  
Vol 31 (2) ◽  
pp. 189-222 ◽  
Author(s):  
André Goddu

ArgumentLudwik Antoni Birkenmajer (1855-1929), following along the paths pioneered by Leopold Prowe, Maximilian Curtze, Franz Hipler, and J. L. E. Dreyer, joined them as trailblazers of Copernican scholarship in the nineteenth century. Educated in the classics and mathematics, Birkenmajer began by examining more closely the Cracow background to Copernicus's development and studying his works and annotations in books he owned or read. Birkenmajer contributed many discoveries that eventually became common knowledge, and his studies loomed over Polish research on Copernicus into the 1970s. Focusing on historical context and his original insights, the essay reminds readers of his contributions (sections 1–2), relates them to discussions of Copernicus's precursors (section 3), to the debate about Maragha precedents (section 4), his reading of the Uppsala Notebook (sections 2 and 5), and his account of the origin of Copernicus's heliocentrism (section 6). By means of a more critical assessment of his interpretation, the essay revises earlier accounts, rescuing the original insights that mark Birkenmajer's most important contributions to current debates and his efforts to reconstruct Copernicus's path to heliocentrism.


2014 ◽  
Vol 13 (3) ◽  
pp. 404-424
Author(s):  
Nicolette I. Bruner

This article examines a little-known archive of illustrated children’s stories written by a nineteenth-century Michigan jurist, James Valentine Campbell. Despite his public reputation as a sober-minded judge and law professor who resisted interjecting his personal views into his decisions, Campbell’s domestic life as an author and performer of children’s stories served as an outlet for criticizing the excesses of the legal profession and proposing alternative methods of dispute resolution. His tales urged children to avoid laws and lawyers and instead to cultivate their own ethical and imaginative capacities for solving problems. His public and private activities intersected in his work as a founding professor at the University of Michigan Law School, training students to remain participants in the democratic process and resist mindlessly applying the law without understanding the deeper social and historical contexts of their work. This case study demonstrates the complexity of American legal subjectivity in the nineteenth century and the importance of considering archives beyond the published legal record.


2004 ◽  
Vol 5 (9) ◽  
pp. 1133-1154 ◽  
Author(s):  
Christopher S. Allen

[Editors’ Note: This is the fourth consecutive article published in German Law Journal since July 2004 that is dedicated to the ongoing debate over the fate and prospects of the German model of Capitalism, welfare policy and corporate governance. The 22 July 2004 acquittals of all six defendants in the criminal proceedings against former Mannesmann CEO, Klaus Esser; Deutsche Bank's CEO (Vorstandssprecher) and then Member of Mannesmann's supervisory board, Josef Ackermann, and other members of Mannesmann's Supervisory Board have, once more, highlighted to German, European and International observers the particular features of law and politics in “Germany Inc.”, “Rhenish Capitalism”, or “Rhineland Capitalism”. As begun in the aftermath of Josef Ackermann's inthronization at the head of Deutsche Bank in May 2002 (exactly two years and two months before his acquittal before theLandgerichtDüsseldorf) and Ackermann's subsequent transformation of the Board's control structure,German Law Journalhas published several contributions to the ongoing changes in German corporate governance and its embeddedness within the specific German economic and legal system (seehttp://www.germanlawjournal.com/article.php?id=156). In the Journals July issue, Peter Kolla, a law student of Osgoode Hall Law School of York University in Toronto, meticulously traced the background debates to the closely observed criminal proceedings in the Mannesmann aftermath (http://www.germanlawjournal.com/article.php?id=460), and in our August issue, Jürgen Hoffmann, Professor of Sociology in Hamburg, surveyed the current interdisciplinary debate over the future fate of so-called Rhineland Capitalism and reconstructed Germany's recent history in an international context of globalization and privatisation (http://www.germanlawjournal.com/article.php?id=485). Also in the August issue, Max Rolshoven, writing his Ph.D. in law at the University of Münster, offered a first assessment of the acquittals in the Mannesmann case (http://www.germanlawjournal.com/article.php?id=480). In the article, published here, Professor Christopher Allen of the University of Georgia further deepens this inquiry from an economic point of view, while placing the contemporary debate over the possible end of Rhineland capitalism in the historical context of Germany's development in the 20th Century. The Editors ofGerman Law Journalare very pleased and honored to be able to provide for a further forum for this important debate, bringing together lawyers, economists, political scientists and sociologists, for a much needed exploration of the historical and political origins as well as of the legal framework of Germany's much critizised and, at the same time, ardently praised system of corporate governance and industrial relations. We invite our readers to contribute to this debate, which has so far found too little resonance in Germany itself.The Editors.]


Author(s):  
Paula De La Cruz-Fernandez ◽  
Ivette Rodriguez

The George A. Smathers Libraries Graduate Internship Program Exploring the Work and Times of Cuban Intellectuals in the Nineteenth Century has published the digital resource Cuba, Pearl of the Caribbean (http://cubanthinkers.domains.uflib.ufl.edu/) to promote the rich and enlightening intellectual content of the Cuban Thinkers online collection of the University of Florida Digital Collections as well as to introduce and develop the skills of a UF graduate student in fundamental tools in Digital Humanities, including TimelineJS, Zotero, and the popular Content Management System WordPress. Through the bilingual website, the public can learn about the historical context of key Cuban thinkers of the nineteenth century and be encouraged to explore the extensive and freely accessible Cuban patrimony material of the Celebrating Cuba! Collaborative Digital Collections of Cuban Patrimony project.


2000 ◽  
pp. 20-25
Author(s):  
O. O. Romanovsky

In the second half of the nineteenth century, the nature of the national policy of Russia is significantly changing. After the events of 1863 in Poland (the Second Polish uprising), the government of Alexander II gradually abandoned the dominant idea of ​​anathematizing, whose essence is expressed in the domination of the principle of serving the state, the greatness of the empire. The tsar-reformer deliberately changes the policy of etatamism into the policy of state ethnocentrism. The manifestation of such a change is a ban on teaching in Polish (1869) and the temporary closure of the University of Warsaw. At the end of the 60s, the state's policy towards a five million Russian Jewry was radically revised. The process of abolition of restrictions on travel, education, place of residence initiated by Nicholas I, was provided reverse.


2013 ◽  
Vol 40 (2) ◽  
pp. 244-256 ◽  
Author(s):  
Holger Funk

In the history of botany, Adam Zalužanský (d. 1613), a Bohemian physician, apothecary, botanist and professor at the University of Prague, is a little-known personality. Linnaeus's first biographers, for example, only knew Zalužanský from hearsay and suspected he was a native of Poland. This ignorance still pervades botanical history. Zalužanský is mentioned only peripherally or not at all. As late as the nineteenth century, a researcher would be unaware that Zalužanský’s main work Methodi herbariae libri tres actually existed in two editions from two different publishers (1592, Prague; 1604, Frankfurt). This paper introduces the life and work of Zalužanský. Special attention is paid to the chapter “De sexu plantarum” of Zalužanský’s Methodus, in which, more than one hundred years before the well-known De sexu plantarum epistola of R. J. Camerarius, the sexuality of plants is suggested. Additionally, for the first time, an English translation of Zalužanský’s chapter on plant sexuality is provided.


1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.


2015 ◽  
Vol 36-37 (1) ◽  
pp. 163-183
Author(s):  
Paul Taylor

John Rae, a Scottish antiquarian collector and spirit merchant, played a highly prominent role in the local natural history societies and exhibitions of nineteenth-century Aberdeen. While he modestly described his collection of archaeological lithics and other artefacts, principally drawn from Aberdeenshire but including some items from as far afield as the United States, as a mere ‘routh o’ auld nick-nackets' (abundance of old knick-knacks), a contemporary singled it out as ‘the best known in private hands' (Daily Free Press 4/5/91). After Rae's death, Glasgow Museums, National Museums Scotland, the University of Aberdeen Museum and the Pitt Rivers Museum in Oxford, as well as numerous individual private collectors, purchased items from the collection. Making use of historical and archive materials to explore the individual biography of Rae and his collection, this article examines how Rae's collecting and other antiquarian activities represent and mirror wider developments in both the ‘amateur’ antiquarianism carried out by Rae and his fellow collectors for reasons of self-improvement and moral education, and the ‘professional’ antiquarianism of the museums which purchased his artefacts. Considered in its wider nineteenth-century context, this is a representative case study of the early development of archaeology in the wider intellectual, scientific and social context of the era.


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