The rule of law under siege : selected essays of Franz L. Neumann and Otto Kirchheimer / edited by William E. Scheuerman.

Format:

Book

Contributor:

Scheuerman, William E., 1965- editor.

Series:

Weimar and Now: German Cultural Criticism Series

Weimar and Now: German Cultural Criticism ; 9

Language:

English

Subjects (All):

Legitimacy of government--Germany.

Legitimacy of government.

Rule of law--Germany.

Rule of law.

Physical Description:

1 online resource (282 p.)

Edition:

First edition.

Place of Publication:

Berkeley, California : University of California Press, [1996]

Language Note:

In English.

Summary:

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.

Contents:

Frontmatter

CONTENTS

ACKNOWLEDGMENTS

Introduction

ONE. The Decay of German Democracy

TWO. Legality and Legitimacy

THREE. Remarks on Carl Schmitt's Legality and Legitimacy

FOUR. The Change in the Function of Law in Modern Society1

FIVE. State Structure and Law in the Third Reich

SIX. Criminal Law in National Socialist Germany

SEVEN. The Concept of Political Freedom'

EIGHT. Labor Law in Modern Society1

NINE. The Rechtsstaat as Magic Wall

INDEX

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 28. Okt 2020)

Description based on print version record.

ISBN:

9780520917347

0520917340

OCLC:

1202624731