Weimar: A Jurisprudence of Crisis / Edition 1

Weimar: A Jurisprudence of Crisis / Edition 1

by Arthur Jacobson
     
 

ISBN-10: 0520236815

ISBN-13: 9780520236813

Pub. Date: 10/21/2002

Publisher: University of California Press

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

Overview

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.

Author Biography: Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University, and coauthor of The Longest Night: Polemics and Perspectives on Election 2000 (California, 2002). Bernhard Schlink is Professor of Public Law and Legal Philosophy at Humboldt Universität zu Berlin. His novel, The Reader (trans. 1999), has won critical acclaim in German and in English.

Product Details

ISBN-13:
9780520236813
Publisher:
University of California Press
Publication date:
10/21/2002
Series:
Philosophy, Social Theory, and the Rule of Law Series
Edition description:
New Edition
Pages:
419
Product dimensions:
6.00(w) x 9.00(h) x 1.00(d)

Table of Contents

Prefacexi
Translation and Apparatusxiii
Introduction: Constitutional Crisis: the German and the American Experience1
Prologue: the Shattering of Methods in Late Wilhelmine Germany
Introduction41
On Legal Theory and Sociology (1911)50
Constitutional Amendment and Constitutional Transformation (1906)54
On the Borders between Legal and Sociological Method (1911)57
Statute and Judgment (1912)63
1Hans Kelsen
Introduction67
Legal Formalism and the Pure Theory of Law (1929)76
On the Essence and Value of Democracy (1929)84
2Hugo Preuss
Introduction110
The Significance of the Democratic Republic for the Idea of Social Justice (1925)116
3Gerhard Anschutz
Introduction128
Three Guiding Principles of the Weimar Constitution (1922)132
4Richard Thoma
Introduction151
The Reich as a Democracy (1930)157
5Heinrich Triepel
Introduction171
Law of the State and Politics (1926)176
6Erich Kaufmann
Introduction189
On the Problem of the People's Will (1931)196
7Rudolf Smend
Introduction207
Constitution and Constitutional Law (1928)213
8Hermann Heller
Introduction249
Political Democracy and Social Homogeneity (1928)256
The Essence and Structure of the State (1934)265
9Carl Schmit
Introduction280
The Status Quo and the Peace (1925)290
The Liberal Rule of Law (1928)294
State Ethics and the Pluralist State (1930)300
Epilogue: the Decline of Theory
Introduction313
The Total State (1933)320
Legal Community as National Community (1935)323
The Constitution of Freedom (1935)323
The Administration as Provider of Services (1938)326
New Foundations of Administrative Law (1934)327
Administration (1937)327
Constitution (1937)328
Form and Structure of the Reich (1941)330
"Positions and Concepts": A Debate with Carl Schmitt (1941)331
Reich, Sphere of Influence, Great Power (1942)332
Notes335
Editors and Contributors391
Copyright Acknowledgments393
Index395

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