Oral History

Internationalisierung der schweizerischen Rechtskultur nach 1945. Gespräche mit Zeitzeugen – ein phänomenologisches Erkundungsbuch

The history of the book 

In November 2017 the following work by Prof. em. Dr. iur. Jens Drolshammer was published by hep Verlag Bern: “Internationalisierung der schweizerischen Rechtskultur nach 1945. Gespräche mit Zeitzeugen – ein phänomenologisches Erkundungsbuch” (“Internationalisation of Swiss legal culture after 1945: Conversations with contemporary witnesses – a phenomenological book of investigation”). In view of the methodological approach, the author speaks of an “oral history” in the book (see e.g. p. 28). The publication is one of a large number of his publications and is under the guiding metaphor “The World in Swiss Law – Swiss Law in the World? Thanks to the discussions on the law and legal culture of Switzerland held with 46 leading Swiss Lawyers and other personalities acting in the field of law, that played a major role in shaping the post-1945 period, unknown knowledge (implicit knowledge) was transformed into known knowledge (explicit knowledge).

The “Phenomenological Exploration Book” was written as a supplement (navigator) to the originally planned two volumes of essays on the method and the edited transcripts of the conversations (1) and essays and analyses of the found contents (2) of a larger project. The author was also the source of ideas and the main contributor to the project. In this project, time delays and difficulties with the content occurred in areas outside its sphere of influence, so that the “phenomenological exploration book” was published in view of the two volumes as an independent publication, based on the opinion of the counter-readers and the publisher. Prof. em. Dr. iur. Paul Richli, former Rector of the University of Lucerne and former Chairman of the General Editors Board of the Anthology of Swiss Legal Culture, was looking for solutions to preserve and make accessible the extensive transcripts and audio documents to be prepared and published under the supervison by Prof. Dr. Alfred Messerli, University of Zurich, in a suitable form. Unfortunately, Prof. Richli’s efforts did not lead to the desired success, for reasons beyond his control.

The work “Internationalisierung der schweizerischen Rechtskultur nach 1945. Gespräche mit Zeitzeugen – ein phänomenologisches Erkundungsbuch” (“Internationalisation of Swiss legal culture after 1945: Conversations with contemporary witnesses – a phenomenological book of investigation”), originally intended as a navigator to the major project and reviewed several times, remains the only publication of the overall project under these circumstances. Flyers and reviews can be found at www.drolshammer.net. With the consent of the publisher and the author, this publication is released here as a PDF file for private use and for research purposes as a replacement for the cleaned transcripts.

The publication of the book is part of the extension of the scope of legalanthology.ch’s website into a repository and database of essential texts and materials on Swiss law and Swiss legal culture.

On the structure, method, style and content of the book

Lead metaphors:

“See it fresh – see it whole – see it as it works”, Karl Llewellyn (1898 – 1962) “The world – but I – I see you”, Rémy Zaugg, artist (1943 – 2005)

“To see what is in front of one’s nose needs a constant struggle”, George Orwell, Schriftsteller (1903 – 1950

“The Times They Are A-Changin”, Bob Dylan, musician and poet, Nobel Prize winner for literature, 2016, (1941)

“Without yesterday, tomorrow is no today”

The text part of the book is an overview of three-hour conversations with 43 personalties acting in the field of law, now 72–88 years old, who have helped to shape and shape the internationalization of Switzerland’s legal culture after 1945. In this phenomenological exploratory book, the author essentially describes – from the perspective of the observer – the concrete participation and involvement of the discussion participants through all stages of life in the internationalizing legal process after 1945. The text observes eight groups of legal activities: Judges, legal and judicial officials, lawyers as parliamentarians and Federal Councillors, law diplomats, internationally active lawyers with international mandates from international organisations, lawyers and law professors. The text leads into the lives and the “machine rooms of concrete professional practice”.

The text part of the publication will be expanded to a “knowledge platform” with “lists” and “annexes” designed to suit the topic, which will facilitate access and further processing. The book uses an interdisciplinary perspective of an extended legal culture. The use of the exploratory talk as part of oral history is new. The publication aims to make the hidden knowledge of today by older and still living legal personalities in Switzerland – “Tacit Knowledge” – accessible for the first time via a catchy language presentation – “Explicit Knowledge“. The book is influenced by the author’s diverse professional, military and academic life and professions.

“Without today there would be no tomorrow.”

Author

Jens Drolshammer, emeritus Prof. Dr. iur. MCL Attorney at Law, Titular Professor of Anglo- American Law and Legal Business Plan and Design at the University of St.Gallen (until 2008) and Founder and Senior Partner of Homburger Attorneys at Law (until January 1, 2003), Visiting Research Professor at the European Center for Law Research, Harvard Law School (full terms 1999 and 2003–2008) and Faculty Associate at Berkman Klein Center for Internet & Society, Harvard University (since 2014)

From the foreword by Jörg Paul Müller, em. Dr. iur., Dr. h.c., LL.M (Harvard), attorney at law

“Such a book has never existed before in the legal world! It opens up a way, never attempted before in the German-speaking world at least, to pursue a contemporary historical and professional issue through conversations between the author and 43 representatives of jurisprudence who have helped to shape and shape Swiss legal culture over the last 60 years. The central question is how the debate on international law developed in the various legal professions after 1945 …”

Participants in the discussion

judges

Heinz Aemisegger, Margrith Bigler-Eggenberger, Susanne Leuzinger, Thomas Pfisterer, Vera Rottenberg

legal and judicial officials

Marino Baldi, Heinrich Koller, Pierre Widmer

Lawyers as parliamentarians and federal councillors

Eugen David, Riccardo Jagmetti, Gilles Petitpierre, Thomas Pfisterer, René Rhinow, Christoph Blocher, Arnold Koller, Moritz Leuenberger

Legal diplomats

Marino Baldi, Franz Blankart, Jakob Kellenberger

Internationally active lawyers with international mandates by international organizations

Carla del Ponte, Jakob Kellenberger, Giorgio Malinverni, Pierre Tercier, Stefan Trechsel, Lucius Wildhaber

heads of legal departments of multinational companies

Hans Peter Frick, Beat Hess, Bruno Maier

Lawyers

Paolo Bernasconi, Peter Böckli, Peter Forstmoser, Peter Gloor (†), Robert Karrer, Pierre Karrer, Georg Krneta, Peter Studer, Frank Vischer(†)

Law professors

Jean Nicolas Druey, Bernard Dutoit, Peter Forstmoser, Peter Gauch, Walter Haller, Alain Hirsch, Riccardo Jagmetti, Martin Lendi, Giorgio Malinverni, Jörg Paul Müller, Gilles Petitpierre, René Rhinow, Paul Richli, Alois Riklin, Dietrich Schindler jun, Pierre Tercier, Daniel Thürer, Frank Vischer (†)

Table of contents

Forewords: Gerd Folkers and Jörg Paul Müller Foreword

  1. Introduction to the “Phenomenological Exploration Book”
  2. Observations on the life phase of origin, school education, choice of study, studies and further education
  3. Observations on the stages of the exercise of the various legal professions and legal activities
  4. Observations on the life phase of old age
  5. What is remarkable about the conversations relating to the internationalisation of Swiss legal culture after 1945? limited to observations in the conversations on selected subject areas, namely:
    1. Use of the English language,
    2. Position of female lawyers,
    3. Military system, especially the military,
    4. Training and learning by doing,
    5.  Encounters with US, European and international law, 
    6. Age,
    7. The conversation as an instrument of phenomenological exploration

“Lists” of short CVs and photographs of the interview participants, the names of interview participants with academic and professional titles and communication coordinates, and “lists” of references to interview participants, Annex 1: “Lists” of “topoi” and “questions” on the seven modules in Chapter V, Annex 2: Tables as “lists” and “graphs” for timelines from 1930 to 2010 – examples published in academic texts, Annex 3: Tables of contents of the parts Americanization, Europeanization and Globalization in the Anthology of Swiss Legal Culture, Annex 4: Texts by the author on the actor network approach used

Closing metaphor:

“In an ascent and descent on the ramp of Frank Lloyd Wright’s Guggenheim Museum in New York, where at each location the future, the present and the past can be grasped simultaneously in change“, (Pierre Boulez in a conversation at the Lucerne Festival, program booklet (Moderne 4, 2009), Pierre Boulez, composer and conductor (1925-2010)

“scripta volant – verba manent”

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