Full Description
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.
Contents
Introduction: The Remnants of the Rechtsstaat
1: Behemoth and Beyond: Theories of the Nazi State
2: The Making of a Cause Lawyer
3: The Debate about the Rechtsstaat in Nazi Germany, 1933-1936
4: An Ethnography of Nazi Law: The Gestation of The Dual State, 1936-1941
5: "A Rational Core within an Irrational Shell": An Institutional Theory of Dictatorship
6: The Decline of a Classic: Explaining the Reception of The Dual State
Conclusion: Authoritarian Rule of Law
