Weimar : a jurisprudence of crisis / Arthur Jacobson, Bernhard Schlink.

Format:

Book

Contributor:

Jacobson, Arthur, Editor.

Schlink, Bernhard, Editor.

Series:

Philosophy, social theory, and the rule of law ; 8.

Philosophy, Social Theory, and the Rule of Law ; 8

Language:

English

Subjects (All):

State, The--History--Sources.

State, The.

Constitutional law--Germany--Philosophy--History--Sources.

Constitutional law.

Constitutional history--Germany--Sources.

Constitutional history.

Germany--Politics and government--1918-1933--Sources.

Germany.

Physical Description:

1 online resource (420 p.)

Place of Publication:

Berkeley, CA : University of California Press, [2001]

Language Note:

English

Summary:

This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.

Contents:

Weimar

Front matter

Contents

Preface

Translation and Apparatus

Introduction. Constitutional Crisis The German and the American Experience

Prologue. The Shattering of Methods in Late Wilhelmine Germany

Introduction

On Legal Theory and Sociology

Constitutional Amendment and Constitutional Transformation

On the Borders between Legal and Sociological Method

Statute and Judgment

One. Hans Kelsen

Legal Formalism and the Pure Theory of Law

On the Essence and Value of Democracy

Two. Hugo Preuss

The Significance of the Democratic Republic for the Idea of Social Justice

Three. Gerhard Anschütz

Three Guiding Principles of the Weimar Constitution

Four. Richard Thoma

The Reich as a Democracy

Five. Heinrich Triepel

Law of the State and Politics

Six. Erich Kaufmann

On the Problem of the People's Will

Seven. Rudolf Smend

Constitution and Constitutional Law

Eight. Hermann Heller

Political Democracy and Social Homogeneity

The Essence and Structure of the State

Nine. Carl Schmitt

The Status Quo and the Peace

The Liberal Rule of Law

State Ethics and the Pluralist State

Epilogue. The Decline of Theory

The Total State

Legal Community as National Community

The Constitution of Freedom

The Administration as Provider of Services

New Foundations of Administrative Law

Administration

Constitution

Form and Structure of the Reich

"Positions and Concepts": A Debate with Carl Schmitt

Reich, Sphere of Influence, Great Power

Notes

Editors and Contributors

Copyright Acknowledgments

Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)

ISBN:

9786612357039

9781597349918

1597349917

9781282357037

1282357034

9780520929685

0520929683

OCLC:

475931364