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Rudolf B. Schlesinger—A Tribute

Rudolf B. Schlesinger—A Tribute To speak of Comparativ e Law i n th e Unite d States in th e second half of thi s century is to speak of Rudolf Schlesinger. What Prosser did to establish Torts as a subject Schlesinger did for our field. Of course, like Moliere's Monsieur Jourdain, many had been dealing with th e subject before him, bu t only after the appearanc e of th e first edition of th e casebook in 1950 did the y know it. Schlesinger's approach to th e subject was both conscious and pre­ ordained by his background; he mad e Comparative Law a "real" sub­ ject to "real" lawyers, yet—and this second theme has to be established at the outset—without sacrificing its normative, even idealistic claim to help bring nations and peoples to a better under­ standing of each other. Indeed, the heroic project he understood at about the same time, to identify and demonstrate by hard, patient, an d above all detailed work a common core of legal principles in th e most interior, doctrinally and precedentiall y close-meshed field of pri­ vate law, established both his double claim on Comparativ e Law an d his own doubled reputation http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Rudolf B. Schlesinger—A Tribute

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Publisher
Oxford University Press
Copyright
© 1995 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/43.3.317
Publisher site
See Article on Publisher Site

Abstract

To speak of Comparativ e Law i n th e Unite d States in th e second half of thi s century is to speak of Rudolf Schlesinger. What Prosser did to establish Torts as a subject Schlesinger did for our field. Of course, like Moliere's Monsieur Jourdain, many had been dealing with th e subject before him, bu t only after the appearanc e of th e first edition of th e casebook in 1950 did the y know it. Schlesinger's approach to th e subject was both conscious and pre­ ordained by his background; he mad e Comparative Law a "real" sub­ ject to "real" lawyers, yet—and this second theme has to be established at the outset—without sacrificing its normative, even idealistic claim to help bring nations and peoples to a better under­ standing of each other. Indeed, the heroic project he understood at about the same time, to identify and demonstrate by hard, patient, an d above all detailed work a common core of legal principles in th e most interior, doctrinally and precedentiall y close-meshed field of pri­ vate law, established both his double claim on Comparativ e Law an d his own doubled reputation

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1995

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