The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

ISBN-13: 9780198814412 / Angielski / Twarda / 2018 / 448 str.

Jens Meierhenrich

Opis

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. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.

Recenzje

Jens Meierhenrich has written a remarkable book. Working towards a wider account of what remained of rational law under National Socialism, and what might still remain of rational law under conditions of authoritarianism more generally, he has excavated the ways in which the remnants of the Rechtsstaat exist within both regime types. He has done so, moreover, by rehabilitating and furthering a classic idea formulated most famously in Ernst Fraenkels powerful book, The Dual State, about the normative and prerogative dimensions of law and politics under radical duress... Meierhenrichs own ethnography of Nazi law uses Fraenkels example to teach us once again just what was so important about that book and its author, and why political theorists, legal theorists, and historians, as well as scholars of the Third Reich, might profitably return to him anew for lessons that are both deeply historical, but disarmingly contemporary.

O autorze

Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science, and previously taught for a decade at Harvard University. His books include The Legacies of Law, which won the American Political Science Association's 2009 Woodrow Wilson Foundation Award for the best book in politics, government, or international affairs; and, as co-editor, The Oxford Handbook of Carl Schmitt.