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9780520203792

The Rule of Law Under Siege

by
  • ISBN13:

    9780520203792

  • ISBN10:

    0520203798

  • Format: Hardcover
  • Copyright: 1996-09-01
  • Publisher: Univ of California Pr

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Summary

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 volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.

Table of Contents

Acknowledgments
Introductionp. 1
The Decay of German Democracy (1933)p. 29
Legality and Legitimacy (1932)p. 44
Remarks on Carl Schmitt's Legality and Legitimacy (1933)p. 64
The Change in the Function of Law in Modern Society (1937)p. 101
State Structure and Law in the Third Reich (1935)p. 142
Criminal Law in National Socialist Germany (1940)p. 172
The Concept of Political Freedom (1953)p. 195
Labor Law in Modern Society (1951)p. 231
The Rechtsstaat as Magic Wall (1967)p. 243
Indexp. 265
Table of Contents provided by Blackwell. All Rights Reserved.

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