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 halves-the 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 edition-never before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.

The Dual State: A Contribution to the Theory of Dictatorship

History

Fraenkel, Ernst

Europe

Oxford University Press

Dual State

Octagon Books

Litauisches Etymologisches Woerterbuch Vol. 2

Reference

Words, Language & Grammar

French & European Pubns

Allgemeine Therapie Der Krankheiten Der Weiblichen Geschlechtsorgane

Nabu Press

Originally published: New York: Oxford University Press, 1941. xvi, 248 pp. This classic study is one of the standard works on constitutional law, jurisprudence and judicial administration in Nazi Germany. Also 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 [1898-1975] 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).

The Dual State

Lawbook Exchange, Ltd.

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

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Entwicklung und Verbreitung der Nomina im Attischen, Entstehung und Accentuation der Nomina auf -tes (Untersuchungen zur indogermanischen Sprach- und ... and Culture. New Series, 4) (German Edition)

Walter de Gruyter

Die Verfassung der Vereinigten Staaten von Amerika.- Liste der zitierten amerikanischen Gerichtsentscheidungen.- Die ,,Bill of Rights"von Virginia.- Die Unabhängigkeitserklärung.- The Federalist Number Ten.- Marbury v. Madison.- McCulloch v. Maryland.- West-Virginia State Board of Education v. Barnette.- Brown et al. v. Board of Education of Topeka et al.

Das amerikanische Regierungssystem: Eine Politologische Analyse (Die Wissenschaft von der Politik, 5) (German Edition)

VS Verlag für Sozialwissenschaften

Deutschland und die westlichen Demokratien: Mit einem Nachwort über Leben und Werk Ernst Fraenkels

Suhrkamp Verlag AG

Das amerikanische Regierungssystem: Eine politologische Analyse (Die Wissenschaft von der Politik, 5) (German Edition)

Vieweg+Teubner Verlag

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