Remnants of the Rechtsstaat

Remnants of the Rechtsstaat

This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written.

Author: Jens Meierhenrich

Publisher: Oxford University Press

ISBN: 9780198814412

Category: Law

Page: 200

View: 530

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.
Categories: Law

The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat

An Ethnography of Nazi Law Jens Meierhenrich. Meierhenrich, Jens, and Oliver Simons, eds., The Oxford Handbook of Carl Schmitt (Oxford: Oxford University Press, 2016) Meinck, Jürgen, Weimarer Staatslehre und Nationalsozialismus: Eine ...

Author: Jens Meierhenrich

Publisher: Oxford University Press

ISBN: 9780192545633

Category: Law

Page: 200

View: 309

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.
Categories: Law

Authoritarian Liberalism and the Transformation of Modern Europe

Authoritarian Liberalism and the Transformation of Modern Europe

In legal terms, Koellreutter's interpretation gave National Socialism the form of what would later be theorized by Ernst Fraenkel as ... Jens Meierhenrich, The Remnants of the Rechtsstaat: An Ethnography of Nazi Law (OUP 2018) 199–200.

Author: Michael A. Wilkinson

Publisher: Oxford University Press

ISBN: 9780192597083

Category: Law

Page: 336

View: 372

This title recounts the transformation of Europe from the post-war era until the Euro-crisis, using the tools of constitutional analysis and critical theory. The central claim is twofold: Europe has been gradually reconstituted in a manner that combines political authoritarianism with economic liberalism and that this order is now in a critical condition. Authoritarian liberalism is constructed supranationally, through a taming of inter-state relations in the project of European integration; at the domestic level, through the depoliticization of state-society relations; and socially, through the emergence of a new constitutional imaginary based on liberal individualism. In the language of constitutional theory, this transformation can be captured by the substitution of supranationalism for internationalism, technocracy for democracy, and economic for political freedom. Sovereignty is restrained, democracy curtailed, and class struggle repressed. This constitutional trajectory takes time to unfold and develop and it presents continuities and discontinuities. On the one hand, authoritarian liberalism is deepened by the neoliberalism of the Maastricht era and the creation of Economic and Monetary Union. On the other hand, counter-movements then also begin to emerge, geopolitically, in the return of the German question, domestically, in the challenges to the EU presented by constitutional courts, and informally, in the rise of anti-systemic political parties and movements. Sovereignty, democracy, and political freedom resurface, but are then more actively suppressed through the harsher authoritarian liberalism of the Euro-crisis phase. This leads now to an impasse. Anti-systemic politics return but remain uneasily within the EU, suggesting authoritarian liberalism has reached its limits if just about managing to maintain constitutional order. As yet, there has been no definitive rupture, with the possible exception of Brexit.
Categories: Law

Empire of Law

Empire of Law

124–128; Jens Meierhenrich, The Remnants of the Rechtsstaat. An Ethnography of Nazi Law (Oxford and New York: Oxford University Press, 2018). 79 Greenberg, Weimar Century, 81–87. 80 Ash and So ̈llner, Forced Migration and Scientific ...

Author: Kaius Tuori

Publisher: Cambridge University Press

ISBN: 9781108483636

Category: History

Page: 320

View: 502

The history of exiles from Nazi Germany and the creation of the notion of a shared European legal tradition.
Categories: History

Justifying Injustice

Justifying Injustice

See Meierhenrich, Jens, The Remnants of the Rechtsstaat. An Ethnography of Nazi Law (Oxford: Oxford University Press, 2018). See also Meierhenrich, Jens,“An Ethnography of Nazi Law: The Intellectual Foundations of Ernst Fraenkel's ...

Author:

Publisher: Cambridge University Press

ISBN: 9781108916356

Category: Law

Page:

View: 860

Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework. These debates, the main threads of which are central to this book, reveal the normative ideas driving the Führer state and the legal subtext to the Nazi regime's escalating atrocities.
Categories: Law

History Politics Law

History  Politics  Law

For Schmitt, the occupation of the Rhineland was inseparable from the legal order established by the Treaty of ... Jens Meierhenrich, The Remnants of the Rechtsstaat: An Ethnography of Nazi Law (Oxford: Oxford University Press, 2018).

Author: Annabel Brett

Publisher: Cambridge University Press

ISBN: 9781108905183

Category: Law

Page:

View: 355

Historians of political thought and international lawyers have both expanded their interest in the formation of the present global order. History, Politics, Law is the first express encounter between the two disciplines, juxtaposing their perspectives on questions of method and substance. The essays throw light on their approaches to the role of politics and the political in the history of the world beyond the single polity. They discuss the contrast between practice and theory as well as the role of conceptual and contextual analyses in both fields. Specific themes raised for both disciplines include statehood, empires and the role of international institutions, as well as the roles of economics, innovation and gender. The result is a vibrant cross-section of contrasts and parallels between the methods and practices of the two disciplines, demonstrating the many ways in which both can learn from each other.
Categories: Law

Legal Sabotage

Legal Sabotage

Meier, Kurt, Der evangelische Kirchenkampf, Vol. 3, Im Zeichen des zweiten Weltkrieges (Göttingen: Vandenhoeck und Ruprecht, 1984). Meierhenrich, Jens, The Remnants of the Rechtsstaat: An Ethnography of Nazi Law (New York: Oxford ...

Author: Douglas Morris

Publisher: Cambridge University Press

ISBN: 9781108890373

Category: Law

Page:

View: 264

The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State – a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance – its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.
Categories: Law

Transregional Connections in the History of East Central Europe

Transregional Connections in the History of East Central Europe

As Jonathan Lewy argues, “none of the drug laws or amendments bore a trace of Nazi ideology. ... 75 J. Meierhenrich, The Remnants of the Rechtsstaat: An Ethnography of Nazi Law, Oxford: Oxford University Press, 2018, pp. 110–111.

Author: Katja Castryck-Naumann

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110680515

Category: History

Page: 349

View: 513

Transregional connections play a fundamental role in the history of East-Central Europe. This volume explores this connectivity by showing how people from eastern and central parts of Europe have positioned themselves within global processes while, in turn, also shaping them. The contributions examine different fields of action such as economy, arts, international regulations and law, development aid, and migration, focusing on the period between the middle of the nineteenth century and the end of the Cold War. The authors uncover spaces of interaction and emphasize that internal and external entanglements have established East-Central Europe as a distinct region. Understanding the connectedness of this subregion is stimulating for the historiography of East-Central Europe as it is for the field of global history.
Categories: History

The Cambridge Companion to the Rule of Law

The Cambridge Companion to the Rule of Law

Meierhenrich, Jens, “The Practice of International Law: A Theoretical Analysis,” Law and Contemporary Problems, 76 (2013), 1–83. Meierhenrich, Jens, The Remnants of the Rechtsstaat: An Ethnography of Nazi Law (Oxford: Oxford University ...

Author: Associate Professor of International Relations Jens Meierhenrich

Publisher: Cambridge University Press

ISBN: 9781316512135

Category: History

Page: 500

View: 108

Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Categories: History

The Dual Penal State

The Dual Penal State

Police Administrative Law remained in force throughout the Nazi period ; the oftenquoted “ liberal ” definition of police in ... see also Jens Meierhenrich , The Remnants of the Rechtsstaat : An Ethnography of Nazi Law ( 2018 ) . 72.

Author: Markus D. Dubber

Publisher: Oxford University Press

ISBN: 9780191061776

Category: Law

Page: 320

View: 642

In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Categories: Law