Paul Koschaker (1879–1951) spent a relevant part of his academic experience trying to defend and restore the study of Roman law in German universities. In particular, his constant aim consisted in pointing out the essential role Roman law... more
Paul Koschaker (1879–1951) spent a relevant part of his academic experience trying to defend and restore the study of Roman law in German universities. In particular, his constant aim consisted in pointing out the essential role Roman law has had in the development of a European legal culture over the centuries and the role it could still keep on carrying out in Europe. This essay deals with a so far unpublished copy of a document by Koschaker suggesting a reform proposal for the Roman law studies at the University in Germany in the forties. This document represents an example of Koschaker’s concrete ideas regarding the way to secure the role of Roman law teaching in German universities, on the one hand. On the other hand, from the text emerges Koschaker’s conflicting position with regard to the question of the role Roman law could and should play in the “Neuordnung Europas” as planned by the Nazi regime.
