The Rule of Law Under Siege
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Edited by:
William E. Scheuerman
About this book
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 vo
Author / Editor information
William E. Scheuerman is Assistant Professor of Political Science at the University of Pittsburgh. He is author of Between the Norm and Exception: The Frankfurt School and the Rule of Law (1994). Franz L. Neumann (1900–1954) was a labor lawyer and legal advisor to the German Social Democratic Party before emigrating to England and then the United States after Hitler's rise to power. He was Professor of Public Law at Columbia University at the time of his death. Otto Kirchheimer (1905–1965) was a lawyer and left-wing Social Democrat who defended Weimar Democracy during its waning hours. He fled to France and then the United States, where he taught at Wellesley, the New School, and Columbia University.
Topics
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Frontmatter
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CONTENTS
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ACKNOWLEDGMENTS
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Introduction
1 - PART I. The Destruction of Weimar Democracy and the Debate on Legality and Legitimacy
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ONE. The Decay of German Democracy
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TWO. Legality and Legitimacy
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THREE. Remarks on Carl Schmitt's Legality and Legitimacy
64 - PART II. Law and Politics in the Authoritarian State
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FOUR. The Change in the Function of Law in Modern Society1
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FIVE. State Structure and Law in the Third Reich
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SIX. Criminal Law in National Socialist Germany
172 - PART III. Toward a Critical Democratic Theory
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SEVEN. The Concept of Political Freedom'
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EIGHT. Labor Law in Modern Society1
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NINE. The Rechtsstaat as Magic Wall
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INDEX
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