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The Remnants Of The Rechtsstaat
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Book Synopsis The Remnants of the Rechtsstaat by : Jens Meierhenrich
Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
Book Synopsis The Remnants of the Rechtsstaat by : Jens Meierhenrich
Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018-02-22 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.
Book Synopsis Legal Sabotage by : Douglas G. Morris
Download or read book Legal Sabotage written by Douglas G. Morris and published by Cambridge University Press. This book was released on 2020-08-27 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
Book Synopsis Law in West German Democracy by : Hugh Ridley
Download or read book Law in West German Democracy written by Hugh Ridley and published by BRILL. This book was released on 2019-10-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their time these important court cases influenced the development of a democratic legal system in a country struggling to overcome Hitler’s legacy. Today they cast a unique light on seventy years of West German social and political history.
Download or read book 1931 written by Tobias Straumann and published by Oxford University Press. This book was released on 2019-01-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Germany's financial collapse in the summer of 1931 was one of the biggest economic catastrophes of modern history. It led to a global panic, brought down the international monetary system, and turned a worldwide recession into a prolonged depression. The crisis also contributed decisively to the rise of Hitler. Within little more than a year of its onset, the Nazis were Germany's largest political party at both the regional and national level, paving the way for Hitler's eventual seizure of power in January 1933. The origins of the collapse lay in Germany's large pile of foreign debt denominated in gold-backed currencies, which condemned the German government to cut spending, raise taxes, and lower wages in the middle of a worldwide recession. As political resistance to this policy of austerity grew, the German government began to question its debt obligations, prompting foreign investors to panic and sell their German assets. The resulting currency crisis led to the failure of the already weakened banking system and a partial sovereign default. Hitler managed to profit from the crisis because he had been the most vocal critic of the reparation regime responsible for the lion's share of German debts. As the financial system collapsed, his relentless attacks against foreign creditors and the alleged complicity of the German government resonated more than ever with the electorate. The ruling parties that were responsible for the situation lost their credibility and became defenceless in the face of his onslaught against an establishment allegedly selling the country out to her foreign creditors. Meanwhile, these creditors hesitated too long to take the wind out of Hitler's sails by offering debt relief. In this way, a financial crisis soon developed into a political catastrophe for both Europe and the world.
Book Synopsis The Legacies of Law by : Jens Meierhenrich
Download or read book The Legacies of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2008-10-13 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Book Synopsis The Cambridge Companion to the Rule of Law by : Jens Meierhenrich
Download or read book The Cambridge Companion to the Rule of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2021-08-12 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
Book Synopsis Hitler's American Model by : James Q. Whitman
Download or read book Hitler's American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Book Synopsis A History of Law in Canada, Vol. 1 by : Philip Girard
Download or read book A History of Law in Canada, Vol. 1 written by Philip Girard and published by University of Toronto Press. This book was released on 2018-01-01 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Book Synopsis The Global Chancellor by : Kristina Spohr
Download or read book The Global Chancellor written by Kristina Spohr and published by Oxford University Press. This book was released on 2016 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helmut Schmidt led West Germany from 1974 to 1982 amid a world economic crisis and one of the frostiest phases of the Cold War. At home in both security and economics, Schmidt became the supreme 'strategist of balance' and earned the nickname of 'world economist'. It was during his chancellorship that West Germany came of age on the global stage.
Book Synopsis The Justice Facade by : Alexander Laban Hinton
Download or read book The Justice Facade written by Alexander Laban Hinton and published by Oxford University Press. This book was released on 2018 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: For survivors of the brutal Khmer Rouge Regime, western instruments of justice are small plasters on deep wounds. In Hinton's account of the subsequent international tribunal, only traditional ceremony, ritual, and unmediated dialogue can provide true healing.
Book Synopsis Comparative legal systems by : Vincenzo Zeno-Zencovich
Download or read book Comparative legal systems written by Vincenzo Zeno-Zencovich and published by Roma TrE-Press. This book was released on 2019-03-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.
Book Synopsis Legacy of Blood by : Elissa Bemporad
Download or read book Legacy of Blood written by Elissa Bemporad and published by Oxford University Press, USA. This book was released on 2019 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pogroms and blood libels constitute the two classical and most extreme manifestations of tsarist antisemitism. They were often closely intertwined in history and memory, not least because the accusation of blood libel, the allegation that Jews murder Christian children to use their blood for ritual purposes, frequently triggered anti-Jewish violence. Such events were and are considered central to the Jewish experience in late tsarist Russia, the only country on earth with large scale anti-Jewish violence in the early twentieth century. Boasting its break from the tsarist period, the Soviet regime proudly claimed to have eradicated these forms of antisemitism. But, alas, life was much more complicated. The phenomenon and the memory of pogroms and blood libels in different areas of interwar Soviet Union-including Ukraine, Belorussia, Russia and Central Asia-as well as, after World War II, in the newly annexed territories of Lithuania, Western Ukraine and Western Belorussia are a reminder of continuities in the midst of revolutionary ruptures. The persistence, the permutation, and the responses to anti-Jewish violence and memories of violence suggest that Soviet Jews (and non-Jews alike) cohabited with a legacy of blood that did not vanish. This book traces the "afterlife" of these extreme manifestations of antisemitism in the USSR, and in doing so sheds light on the broader question of the changing position of Jews in Soviet society. One notable rupture in manifestations of antisemitism from tsarist to Soviet times included the virtual disappearance-at least during the interwar period-of the tight link between pogroms and blood allegations, indeed a common feature in the waves of anti-Jewish violence that erupted during the late nineteenth and early twentieth centuries." --
Book Synopsis The Ideal Element in Law by : Roscoe Pound
Download or read book The Ideal Element in Law written by Roscoe Pound and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Book Synopsis Denial of Violence by : Fatma Müge Göçek
Download or read book Denial of Violence written by Fatma Müge Göçek and published by Oxford University Press. This book was released on 2016-04-07 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: While much of the international community regards the forced deportation of Armenian subjects of the Ottoman Empire in 1915, where approximately 800,000 to 1.5 million Armenians perished, as genocide, the Turkish state still officially denies it. In Denial of Violence, Fatma Müge Göçek seeks to decipher the roots of this disavowal. To capture the negotiation of meaning that leads to denial, Göçek undertook a qualitative analysis of 315 memoirs published in Turkey from 1789 to 2009 in addition to numerous secondary sources, journals, and newspapers. She argues that denial is a multi-layered, historical process with four distinct yet overlapping components: the structural elements of collective violence and situated modernity on one side, and the emotional elements of collective emotions and legitimating events on the other. In the Turkish case, denial emerged through four stages: (i) the initial imperial denial of the origins of the collective violence committed against the Armenians commenced in 1789 and continued until 1907; (ii) the Young Turk denial of the act of violence lasted for a decade from 1908 to 1918; (iii) early republican denial of the actors of violence took place from 1919 to 1973; and (iv) the late republican denial of the responsibility for the collective violence started in 1974 and continues today. Denial of Violence develops a novel theoretical, historical and methodological framework to understanding what happened and why the denial of collective violence against Armenians still persists within Turkish state and society.
Book Synopsis The Oxford Handbook of Carl Schmitt by : Jens Meierhenrich
Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.
