the dual state a contribution to the theory of dictatorship

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The Dual State

Author : Ernst Fraenkel
ISBN : 9781584776710
Genre : Law
File Size : 48. 20 MB
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An Unsparing Analysis of the Legal Principles and Constitutional Developments of the Third Reich This classic study is widely considered one of the finest analyses of totalitarianism. It was written in Germany in the late 1930s and completed in the United States in 1940, where Fraenkel lived after fleeing the Nazis in 1938. The title derives from Fraenkel's thesis that National Socialism divided the law into two co-existing areas. The first of these, The Normative State, protects the legal order as expressed in statutes, decisions of courts and the activities of administrative agencies. Its counterpart is the Prerogative State, which is governed by the party. It exercised "unlimited arbitrariness and violence unchecked by any legal guarantees" (xiii). As a detailed record of what has happened to the Rechtstaat under totalitarian auspices, this book is without rival.--Fritz Morstein Marx, Harvard Law Review 54 (1940-1941), 1267 Several scholars have published authoritative descriptions of the German political and legal system. Fraenkel's book differs from its predecessors in so far as it represents, to the reviewer, the first attempt to provide a theoretical analysis of the German legal order. --Otto Kirchheimer, Political Science Quarterly, Vol. 56, No. 3 (Sep., 1941), 434-436 Ernst Fraenkel [1898-1975], the renowned political scientist, is widely considered the father of the theory of pluralism in Germany. He served in the German Army during the First World War from 1914 to 1918, worked as a labor lawyer with the left-wing political activist Franz Leopold Neumann, and as a Social Democrat and a Jew, fled Germany to the United Kingdom in 1938, and then to the United States in 1939. It is said that the manuscript of this book traveled ahead as contraband. He served as legal counsel to Korea before returning to Germany in 1951. In 1963 he founded The John F. Kennedy Institute in Berlin. CONTENTS Preface Introduction PART I THE LEGAL SYSTEM OF THE DUAL STATE CH. I. The Prerogative State CH. II. The Limits of the Prerogative State CH. III. The Normative State PART II THE LEGAL THEORY OF THE DUAL STATE CH. I. The Repudiation of Rational Natural Law by National-Socialism CH. II. The National-Socialist Campaign Against Natural Law CH. III. National-Socialism and Communal Natural Law PART III THE LEGAL REALITY OF THE DUAL STATE CH. I. The Legal History of the Dual State CH. II. The Economic Background of the Dual State CH. III. The Sociology of the Dual State Abbreviations Notes Appendix Table of Cases Index

The Dual State

Author : Ernst Fraenkel
ISBN : 0198716206
Genre : Law
File Size : 30. 3 MB
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The Dual State, first published in 1941, remains one of the most erudite books on the legal origins of democracy and dictatorship. It provided the first comprehensive analysis of the rise and nature of National Socialism, and was the only such analysis written from within Hitler's Germany. Fraenkel's concept of the dual state, being the normative state (which protects the legal order as expressed in legislation, decisions of the courts, and decisions of administrative bodies) and the the prerogative state (governed by the ruling party). It retains its vital relevance for the theory of democracy in the twenty-first century. The Dual State considerably influenced scholars studying and working on questions of political justice in the period following World War II, particularly in the context of political and legal theory; in the domain of legal history; in the area of constitutional theory; in the context of comparative politics; and in what has become known as the field of comparative constitutional law. This republication of Fraenkel's classic work makes it once again widely available to scholars and students in the field. It includes both Fraenkel's 1974 introduction to the German second edition, never before published in English, and a new introduction by Dr Jens Meierhenrich, examining the world in which The Dual State was originally published, and the lasting legacy of this classic work.

The Dual State

Author : Ernst Fraenkel
ISBN : 1616190698
Genre : History
File Size : 62. 15 MB
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Reprint. Originally published: New York: Oxford university press, 1941.

The Dual State

Author : Ernst Fraenkel
ISBN : UOM:39015002169327
Genre : Germany
File Size : 73. 13 MB
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The Dual State

Author : Eric Wilson
ISBN : 9781317035220
Genre : Law
File Size : 57. 61 MB
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This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the ’deep state’ with intellectual and doctrinal coherence. Critiquing Schmitt’s work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world’s current dual or ’deep political state’, the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.

Hitler S Prisons

Author : Nikolaus Wachsmann
ISBN : 9780300228298
Genre : History
File Size : 90. 13 MB
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State prisons played an indispensable part in the terror of the Third Reich, incarcerating many hundreds of thousands of men and women during the Nazi era. This important book illuminates the previously unknown world of Nazi prisons, their victims, and the judicial and penal officials who built and operated this system of brutal legal terror. Nikolaus Wachsmann describes the operation and function of legal terror in the Third Reich and brings Nazi prisons to life through the harrowing stories of individual inmates. Drawing on a vast array of archival materials, he traces the series of changes in prison policies and practice that led eventually to racial terror, brutal violence, slave labor, starvation, and mass killings. Wachsmann demonstrates that “ordinary” legal officials were ready collaborators who helped to turn courts and prisons into key components in the Nazi web of terror. And he concludes with a discussion of the whitewash of the Nazi legal system in postwar West Germany.

Beyond Totalitarianism

Author : Michael Geyer
ISBN : 9780521897969
Genre : History
File Size : 76. 87 MB
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These essays rethink the nature of Stalinism and Nazism and establish a new methodology for viewing their histories that goes well beyond outdated twentieth-century models of totalitarianism, ideology, and personality. They offer a new understanding of the intertwined trajectories of socialism and nationalism in European and global history.

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