Weimar: A Jurisprudence of Crisis
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.
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PROLOGUE THE SHATTERING OF METHODS
ONE HANS KELSEN
TWO HUGO PREUSS
FOUR RICHARD THOMA
FIVE HEINRICH TRIEPEL
SIX ERICH KAUFMANN
SEVEN RUDOLF SMEND
EIGHT HERMANN HELLER
NINE CARL SCHMITT
EPILOGUE THE DECLINE OF THEORY
Form and Structure of the Reich 1941
EDITORS AND CONTRIBUTORS
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administrative Anschutz basic Berlin bourgeois Carl Schmin citizens concept Court create crisis cultural decision democracy democratic Demokratie Deutsche deutschen doctrine Duncker economic Ellen Kennedy Empire equal Ernst essence ethical existence fact federal formal freedom Friedrich function German Gruyter Hans Kelsen Heinrich Triepel Hermann Hermann Heller Hugo Preuss Humblot idea ideology individual integration interests jurisprudence Kaufinann Kelsen Lander law theory legal order legal positivism legal scholarship legislation Leipzig liberal litical majority Max Weber means ment Mohr monarchic Munich National Socialism National Socialist norms organization parliament parliamentary parties Paul Laband people's plurality political unity positive law positivism positivist principle problem Pure Theory question reality Reich Reichsrat Reichstag Reichsverfassung Rerht Richard Thoma Rudolf Smend rule of law Schmitt sense sovereignty spiritual Staat Staatslehre state's statute substantive Theory of Law tion Tubingen validity values Verfassung Weimar Constitution Weimar Republic
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