The abolition of 'the person' as a legal category in nazi philosophy of law: the career of Karl Larenz as an episode in the history of civil identity

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    Abstract

    The abolition of 'the person' as a legal category in Nazi philosophy of law
    - the career of Karl Larenz as an episode in the history of civil identity

    (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'.
    Original languageEnglish
    Publication dateJul 2007
    Publication statusAccepted/In press - Jul 2007

    Bibliographical note

    Abstract er accepteret, men rejsen og dermed foredraget blev aflyst.

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