Weimar: A Jurisprudence of CrisisThis 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. |
Contents
PROLOGUE THE SHATTERING OF METHODS | 41 |
Carl Schmitt | 63 |
TWO HUGO PREUSS | 110 |
THREE GERHARD ANSCHÜTZ | 128 |
FOUR RICHARD THOMA | 151 |
The Reich as a Democracy 1930 | 157 |
FIVE HEINRICH TRIEPEL | 171 |
SIX ERICH KAUFMANN | 189 |
EIGHT | 249 |
NINE | 280 |
The Liberal Rule of Law 1928 | 294 |
EPILOGUE | 313 |
Ernst Forsthoff | 320 |
Ernst Rudolf Huber | 328 |
notes | 335 |
editors and contributors | 391 |
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Common terms and phrases
according actual administrative attempt authority basic basis become Berlin called Carl citizens claim concept considered constitutional construction Court create crisis cultural decision democracy democratic determined deutschen doctrine economic effect Empire entire equal especially essence ethical example existence expression fact federal forces formal freedom function German groups hand human idea important individual influence institutions integration interests issue judge Kelsen Leipzig liberal limits majority means merely method Mohr natural norms objective organization parliament parliamentary particular parties people’s person political positive possible practice Preuss principle problem Pure question reality reason Recht Reich Reichstag remains representative Republic rule Schmitt sense Smend social specific spiritual statute structure task theory Thoma tion Triepel Tübingen understanding union United unity University values Weimar