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English

ID: <

20.500.12854/57840

>

Where these data come from
Legal philosophy under the dictatorship
Disciplines

Abstract

The study compares three legal philosophy-oriented publications of major German legal scholars from the Second World War, Franz Wieacker, Carl Schmitt and Erik Wolf. The comparison of the authors is made from the point of view of whether the dictatorship was criticised by German legal scholars using standards of legal philosophical thinking.The interpretation of the texts is based on the historical situation in which the authors had to expect the possibility of a disastrous defeat of Germany. All texts show awareness of the legal crisis and the subtones of cautious distancing from the rule of violence. The enthusiasm from the years since 1933, most of which has been highlighted in research into the legal history of Nazism, has largely gone away from searching for other connecting factors in legal history and literature, aimed at lawyers, philosophers and time historians. She shows how leading German lawyers dealt mentally with the constellation of dictatorship, war and looming defeat.The author Peter Landau is a professor at the University of Munich.

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