Abstract
This paper discusses 'civil identity' as an aspect of the philosophy of
the person. It presents an episode in the development of legal
philosophy, the work of philosopher and professor of law, Karl Larenz
(1903-1993), during the Nazi regime in Germany (1933-1945). Larenz and
others strove to reform private law (Zivilrecht or bürgeriches Recht) in
conformity with National Socialism. Central to that - racist, to be sure
- project was the abolition of the concept of the person, or its
substitution by other notions, explicitly designed to discard the idea
of universal rights of the individual. It makes this episode
particularly curious that Larenz, and others like him, made career, and
published extensively, also both before 1933 and after 1945. Extensive
historical research exists on these philosophical ideas and their
relationship to the jurisprudence, legislation, and legal practice
during the Third Reich. However, I would like to use a periodical
characterisation, with focus on Karl Larenz and his works, as a backdrop
for discussing the concept of 'civil identity'.
the person. It presents an episode in the development of legal
philosophy, the work of philosopher and professor of law, Karl Larenz
(1903-1993), during the Nazi regime in Germany (1933-1945). Larenz and
others strove to reform private law (Zivilrecht or bürgeriches Recht) in
conformity with National Socialism. Central to that - racist, to be sure
- project was the abolition of the concept of the person, or its
substitution by other notions, explicitly designed to discard the idea
of universal rights of the individual. It makes this episode
particularly curious that Larenz, and others like him, made career, and
published extensively, also both before 1933 and after 1945. Extensive
historical research exists on these philosophical ideas and their
relationship to the jurisprudence, legislation, and legal practice
during the Third Reich. However, I would like to use a periodical
characterisation, with focus on Karl Larenz and his works, as a backdrop
for discussing the concept of 'civil identity'.
| Bidragets oversatte titel | 'Personens' ophævelse som retligt grundbegreb i den nationalsocialistiske retsfilosofi: Karl Larenz' karriere som en episode i den civile identitets historie |
|---|---|
| Originalsprog | Engelsk |
| Publikationsdato | 2007 |
| Status | Udgivet - 2007 |
Bibliografisk note
Deltagelse i konferencen aflyst pga. manglende finansiering.Emneord
- civil identitet
- retsfilosofi
- nationalsocialisme
- idehistorie
- videnssociologi