The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.
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A republication of this seminal work from 1941. Written by a German jurist during his time working within the Nazi judicial system of the 1930s, this book addresses the ways in which the Nazi regime changed the legal structures of Germany, providing a detailed analysis that remains relevant to international and public law today.
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PART 1 - THE LEGAL SYSTEM OF THE DUAL STATE; PART 2 - THE LEGAL THEORY OF THE DUAL STATE; THE LEGAL REALITY OF THE DUAL STATE
Highly influential work on the legal origins of democracy and dictatorship The only legal analysis of the powers of the Nazi dictatorship prepared from within the regime Republication makes this classic work available to a wide audience once again Includes Fraenkel's 1974 German introduction to the work, never before published in English, and a new introduction by Dr Jens Meierhenrich, assessing the impact and legacy of this important work
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Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science His books include Genocide: A Very Short Introduction and Genocide: A Reader (both forthcoming from Oxford University Press in 2014). Ernst Fraenkel (1898--1975) was an eminent political scientist who began his professional career as a labor lawyer in Weimar Germany. Forced to flee the Nazi dictatorship in 1938, he emigrated to the United States and worked as an adviser to the U.S. government. Fraenkel returned to Germany in 1951, where, as a professor at Berlins Freie Universität, he played a leading role in establishing the discipline of political science in the country of his birth.
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Highly influential work on the legal origins of democracy and dictatorship The only legal analysis of the powers of the Nazi dictatorship prepared from within the regime Republication makes this classic work available to a wide audience once again Includes Fraenkel's 1974 German introduction to the work, never before published in English, and a new introduction by Dr Jens Meierhenrich, assessing the impact and legacy of this important work
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Produktdetaljer

ISBN
9780198716204
Publisert
2017
Utgiver
Oxford University Press
Vekt
412 gr
Høyde
216 mm
Bredde
140 mm
Dybde
20 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
336

Oversetter

Biografisk notat

Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science His books include Genocide: A Very Short Introduction and Genocide: A Reader (both forthcoming from Oxford University Press in 2014). Ernst Fraenkel (1898--1975) was an eminent political scientist who began his professional career as a labor lawyer in Weimar Germany. Forced to flee the Nazi dictatorship in 1938, he emigrated to the United States and worked as an adviser to the U.S. government. Fraenkel returned to Germany in 1951, where, as a professor at Berlins Freie Universität, he played a leading role in establishing the discipline of political science in the country of his birth.