A History of Public Law in Germany, 1914-1945

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Oxford University Press, 2004 - Law - 489 pages
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This history of the discipline of public law in Germany covers three dramatic decades of the twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to thedownfall of the Third Reich. The author examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law,business administration law). Almost all the issues and questions that preoccupy state law and administrative law theory at the dawn of the twenty-first century were first pondered and debated during this period. Stolleis begins by emphasizing the long farewell to the nineteenth century and then moves on to examine the doctrine of state law and administrative law during the First World War. The impact of the Weimar Constitution and the of the Versailles Treaty on the discipline is discussed. Here the famous'quarrel of direction' that occurred in the field of state law doctrine (1926-1929) played a central role. But equally important was the development of state law and administrative law theory (in both the Reich and its constituent states), administrative doctrine, and the jurisprudence ofinternational law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion ofpublic law and in the growing sense of depression that gripped its practitioners. In the end, it was not only state law that was destroyed by the Nazi experience, but the scholarly discipline that went with it. The author tackles questions about the co-responsibility of scholars for the Holocaust,and the reasons fwhy academic teachers of public law were all but absent in the opposition to the Nazi regime.
 

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Contents

State law and administrative law before the war
17
War administration law
35
Revolution Weimar Constitution and Versailles
45
Weimar and Versailles
53
international law
60
Work on the Constitution
70
Constitutions of the Lander and Administrative Law
106
Quarrel over Methods and the Crisis of the State
139
Marburg
298
Munster
300
Rostock
302
Tubingen
303
Vienna
304
Wurzburg
308
Prague
309
Strasbourg
310

Administrative Law Theory and Administrative Doctrine
198
Changes
207
Differentiation within administrative law
213
Textbooks
234
State Law and Administrative Law after the Nazi Seizure
249
Erlangen
273
Frankfurt am Main
274
Freiburg im Breisgau
277
Giegen
278
Gottingen
279
Graz
280
Greifswald
281
Halle
283
Hamburg
284
Heidelberg
286
Innsbruck
287
Jena
289
Kiel
291
Konigsberg
295
Posen
312
Deutsche JuristenZeitung DJZ
314
Reichs und preussisches Verwaltungsblatt RVerwBl
317
Verwaltungsarchiv VerwArch
318
Deutsche Verwaltung DV
320
Jahrbuch des offentlichen Rechts JoR
321
Zeitschrift der Akademie fur Deutsches Recht ZAkDR
322
ReichVolksordnungLebensraum
323
Journals of Lander law
324
The end of the Association of German Teachers of State Law
327
The Destruction and SelfDestruction of a Scholarly Discipline
332
Points of contention
343
Administrative Law and International Law
373
The End
432
Sources
449
Index of Names
475
Index of Subjects
482
Copyright

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About the author (2004)


Michael Stolleis is Professor at the University of Frankfurt, and Director of the Max-Planck-Institute for European Legal History, Frankfurt.

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