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The Remnants of the Rechtsstaat by Jens Meierhenrich Pdf
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.
The Remnants of the Rechtsstaat by Jens Meierhenrich Pdf
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.0The 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.
The scale and the depth of Nazi brutality seem to defy understanding. What could drive people to fight, kill, and destroy with such ruthless ambition? Observers and historians have offered countless explanations since the 1930s. According to Johann Chapoutot, we need to understand better how the Nazis explained it themselves. We need a clearer view, in particular, of how they were steeped in and spread the idea that history gave them no choice: it was either kill or die. Chapoutot, one of France’s leading historians, spent years immersing himself in the texts and images that reflected and shaped the mental world of Nazi ideologues, and that the Nazis disseminated to the German public. The party had no official ur-text of ideology, values, and history. But a clear narrative emerges from the myriad works of intellectuals, apparatchiks, journalists, and movie-makers that Chapoutot explores. The story went like this: In the ancient world, the Nordic-German race lived in harmony with the laws of nature. But since Late Antiquity, corrupt foreign norms and values—Jewish values in particular—had alienated Germany from itself and from all that was natural. The time had come, under the Nazis, to return to the fundamental law of blood. Germany must fight, conquer, and procreate, or perish. History did not concern itself with right and wrong, only brute necessity. A remarkable work of scholarship and insight, The Law of Blood recreates the chilling ideas and outlook that would cost millions their lives.
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.
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.
Author : Philip Girard,Jim Phillips,R. Blake Brown Publisher : University of Toronto Press Page : 928 pages File Size : 53,9 Mb Release : 2018-01-01 Category : Law ISBN : 9781487504632
A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf
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.
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.
"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." --
Why do states often refuse to yield to military threats from a more powerful actor, such as the United States? Why do they frequently prefer war to compliance? International Relations scholars generally employ the rational choice logic of consequences or the constructivist logic of appropriateness to explain this puzzling behavior. Max Weber, however, suggested a third logic of choice in his magnum opus Economy and Society: human decision making can also be motivated by emotions. Drawing on Weber and more recent scholarship in sociology and psychology, Robin Markwica introduces the logic of affect, or emotional choice theory, into the field of International Relations. The logic of affect posits that actors' behavior is shaped by the dynamic interplay among their norms, identities, and five key emotions: fear, anger, hope, pride, and humiliation. Markwica puts forward a series of propositions that specify the affective conditions under which leaders are likely to accept or reject a coercer's demands. To infer emotions and to examine their influence on decision making, he develops a methodological strategy combining sentiment analysis and an interpretive form of process tracing. He then applies the logic of affect to Nikita Khrushchev's behavior during the Cuban missile crisis in 1962 and Saddam Hussein's decision making in the Gulf conflict in 1990-1 offering a novel explanation for why U.S. coercive diplomacy succeeded in one case but not in the other.
Author : Robert W. Gordon Publisher : Cambridge University Press Page : 439 pages File Size : 55,7 Mb Release : 2017-06-09 Category : History ISBN : 9781107193239
A critical catalogue of how lawyers use history - as authority, as evocation of lost golden ages, as a nightmare to escape and as progress towards enlightenment.
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.
Asexuality and Sexual Normativity by Mark Carrigan,Kristina Gupta,Todd G. Morrison Pdf
The last decade has seen the emergence of an increasingly high profile and politically active asexual community, united around a common identity as 'people who do not experience sexual attraction'. This unique volume collects a diverse range of interdisciplinary empirical and theoretical work which addresses this emergence, raising important and timely questions about asexuality and its broader implications for sexual culture. One of the most pressing and contentious issues within academic and public debates about asexuality is what relationship, if any, it has to sexual dysfunction. As well as collecting cutting edge scholarship in the emerging field of asexuality studies, rendering it indispensable to any sexualities course across the range of disciplines, this anthology also addresses this urgent debate, offering a variety of perspectives on how and why some have pathologised asexuality. This includes a range of chapters addressing the broader issues of sexual normativity within which these contemporary debates about asexuality are taking place. This book was originally published as a special issue of Psychology and Sexuality.
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.
