The Dual State : A Contribution to the Theory of Dictatorship

This text, first published in 1941, provides a comprehensive analysis of the rise and nature of National-Socialism, and is the only such analysis written from within Hitler’s Germany. Its central thesis is that two states co-existed in National-Socialist Germany—hence, Fraenkel’s invention of the concept of the dual state. This was comprised of a normative state (which protected the legal order as expressed in legislation, decisions of the courts, and decisions of administrative bodies) and a prerogative state (governed by the ruling party, and unrestrained by legal guarantees). The relationship and conflict between these states is analyzed through decisions of the German courts and the development of judicial practice. The book is divided into three parts. The first part describes the existing legal order. The second part attempts to show that the parallel structures within Germany radically affected German politics and society. The third part delves into the relationship between the dual Nazi state and German capitalism. It asks whether the rise of the dual state was a consequence of a crisis in capitalism. While this book is primarily a first-hand account and analysis of the dual state’s operation in National-Socialist Germany, it retains its vital relevance for the theory of democracy in the twenty-first century. This republication of the 1941 English edition includes both Fraenkel’s 1974 introduction to the German second edition, never before published in English, and a new introduction by Professor Jens Meierhenrich of the London School of Economics and Political Science that places the book in theoretical and historical context and assesses its lasting legacy. A republication of this seminal work from 1941. Written by a German jurist during his time working within the Nazi judicial system of the 1930s, this book addresses the ways in which the Nazi regime changed the legal structures of Germany, providing a detailed analysis that remains relevant to international and public law today. The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism - and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the "Third Reich." But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of "the dual state," with its two halves-the normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly)-illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German edition-never before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context. La 4e de couverture indique : "The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context." The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.-- Provided by Publisher Written By A German Jurist During His Time Working Within The Nazi Judicial System Of The 1930s, This Text Addresses The Ways In Which The Nazi Regime Changed The Legal Structures Of Germany, Providing A Detailed Analysis That Remains Relevant To International And Public Law Today. Part I: The Legal System Of The Dual State. The Prerogative State ; The Limits Of The Prerogative State ; The Normative State -- Part Ii: The Legal Theory Of The Dual State. The Repudiation Of Rational Natural Law By Notional-socialism ; The National-socialist Campaign Against Natural Law ; National-socialism And Communal Natural Law -- Part Iii: The Legal Reality Of The Dual State. The Legal History Of The Dual State ; The Economic Background Of The Dual State ; The Sociology Of The Dual State. Ernst Fraenkel ; Translated From The German By E.a. Shils, In Collaboration With Edith Lowenstein And Klaus Knorr ; With An Introduction By Jens Meierhenrich ; Including The Preface And Appendices To The 1974 German Edition Translated By Jens Meierhenrich. Translated From The German. Includes Bibliographical References And Index.