3.1 A short premise
This chapter examines the period Koschaker spent as a professor in Berlin from 1936 to 1941, as explained in the Introduction.[224] The years in the Reich's capital represented a decisive step in his career, since he had obtained the most prestigious chair in Roman law in Germany and, at the same time, other important accolades, such as his affiliation with the illustrious Prussian Academy of Science (Preußische Akademie der Wissenschaften) and the Academy for German law (Akademie für Deutsches Recht, no less important than the Preußische Akademie der Wissenschaften during the thirties in Germany), and, not least, the position of co-director of the Zeitschrift der Savigny-Stiftung.
Moreover, his time in Berlin was a period in which Koschaker decided to focus his studies and teaching on Roman law much more than he had done previously. He felt somehow impelled to defend this important field of research that was beset by a deep crisis, particularly in Germany, from the beginning of the thirties, if not before. Even though, as will become clear in the following pages, he did not abandon the study of cuneiform law and the Near Eastern Legal history, nonetheless he decided to devote particular attention to Roman law. The events that took place in Berlin between 1936 and 1941 have led scholars to see these years as a turning point in Koschaker’s life, creating two clear-cut narratives on him.[225] Based on the different interpretations of these events Koschaker can either be idealised as a Nazi opponent, or be seen as a supporter - perhaps despite himself - of the regime. Both these reconstructions, however, often seem to follow a preordained course. This chapter aims, therefore, through the analysis of archival materials, to give a more objective and less biased representation of this essential period in Koschaker’s life and career. Accordingly, it will cover questions regarding his call to Berlin and all the events that took place over the five years that he spent in the capital, whereas his major publication of this period, Die Krise des römischen Rechts und die romanistische Rechtswissenschaft, and its content will be discussed separately in chapter 5.[226]
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