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Author: Ernst Fraenkel
Publisher: Oxford University Press
ISBN: 019102533X
Category : Law
Languages : en
Pages : 337
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Book Description
The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.
Author: Ernst Fraenkel
Publisher: Oxford University Press
ISBN: 019102533X
Category : Law
Languages : en
Pages : 337
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Book Description
The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.
Author: Eric Wilson
Publisher: Routledge
ISBN: 1317035232
Category : Law
Languages : en
Pages : 378
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Book Description
This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the ’deep state’ with intellectual and doctrinal coherence. Critiquing Schmitt’s work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world’s current dual or ’deep political state’, the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.
Author: Richard Sakwa
Publisher: Cambridge University Press
ISBN: 1139494910
Category : Political Science
Languages : en
Pages : 417
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Book Description
The view that Russia has taken a decisive shift towards authoritarianism may be premature, but there is no doubt that its democracy is in crisis. In this original and dynamic analysis of the fundamental processes shaping contemporary Russian politics, Richard Sakwa applies a new model based on the concept of Russia as a dual state. Russia's constitutional state is challenged by an administrative regime that subverts the rule of law and genuine electoral competitiveness. This has created a situation of permanent stalemate: the country is unable to move towards genuine pluralist democracy but, equally, its shift towards full-scale authoritarianism is inhibited. Sakwa argues that the dual state could be transcended either by strengthening the democratic state or by the consolidation of the arbitrary power of the administrative system. The future of the country remains open.
Author: Franze Neumann
Publisher: Ivan R. Dee
ISBN: 1615780122
Category : History
Languages : en
Pages : 681
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Book Description
Franz Neumann's classic account of the governmental workings of Nazi Germany, first published in 1942, is reprinted in a new paperback edition with an introduction by the distinguished historian Peter Hayes. Neumann was one of the only early Frankfurt School thinkers to examine seriously the problem of political institutions. After the rise of the Nazis to power, his emphasis shifted to an analysis of economic power, and then after the war to political psychology. But his contributions in Behemoth were groundbreaking: that the Nazi organization of society involved the collapse of traditional ideas of the state, of ideology, of law, and even of any underlying rationality. The book must be studied, not simply read, Raul Hilberg wrote. The most experienced researchers will tell us that the scarcest commodity in academic life is an original idea. If someone has two or three, he is rich. Franz Neumann was a rich man. Published in association with the United States Holocaust Memorial Museum.
Author: P. Bleses
Publisher: Springer
ISBN: 0230005632
Category : Political Science
Languages : en
Pages : 199
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Book Description
This book breaks new intellectual ground in the analysis of the German welfare state. Bleses and Seeleib-Kaiser argue that we are witnessing a dual transformation of the welfare state, which is caused by the emergence of new dominating interpretative patterns. Increasingly, the state reduces its social policy commitments towards securing the achieved living standard of former wage earners, which in the past had been the key normative principle of social policy in Germany, while at the same time public support and services for families are expanded.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0191061778
Category : Law
Languages : en
Pages : 320
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Book Description
In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0198814410
Category : History
Languages : en
Pages : 449
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Book Description
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.
Author: Ben Dunkelman
Publisher: Formac Publishing Company
ISBN: 1459505786
Category : Biography & Autobiography
Languages : en
Pages : 382
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Book Description
Ben Dunkelman grew up in a wealthy Jewish family in Toronto. Kicked out of several schools for being a hell-raiser, he was sent off to Europe and the Middle East in the 1930s, gaining hard experience that would serve him well in the years to come. On his return he worked for the family business, but when World War Two came he lost no time in enlisting. Dunkelman describes the war from the ordinary soldier's viewpoint, without embellishment or glorification. Yet he was a hero to his men--and to his country. After the war Dunkelman returned to Canada, but in 1948 he went to war again--this time to fight for the young nation of Israel in the struggle to establish a Jewish state. Dual Allegiance is the exciting, fast-paced story a man and the passions he was willing to fight for--and if necessary, die for.
Author: Robtel Neajai Pailey
Publisher: Cambridge University Press
ISBN: 1108836542
Category : Business & Economics
Languages : en
Pages : 297
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Book Description
Based on rich oral histories, this is an engaging study of citizenship construction and practice in Liberia, Africa's first black republic.
Author: Peter J Spiro
Publisher: NYU Press
ISBN: 0814724418
Category : Political Science
Languages : en
Pages : 200
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Book Description
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
