The Dual State: A Contribution to the Theory of Dictatorship by Ernst FraenkelThe Dual State: A Contribution to the Theory of Dictatorship by Ernst Fraenkel

The Dual State: A Contribution to the Theory of Dictatorship

byErnst Fraenkel

Paperback | May 13, 2017

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The Dual State, first published in 1941, remains one of the most erudite books on the legal origins of democracy and dictatorship. It provided the first comprehensive analysis of the rise and nature of National Socialism, and was the only such analysis written from within Hitler's Germany.Fraenkel's concept of the dual state, being the normative state (which protects the legal order as expressed in legislation, decisions of the courts, and decisions of administrative bodies) and the the prerogative state (governed by the ruling party). It retains its vital relevance for the theory ofdemocracy in the twenty-first century. The Dual State considerably influenced scholars studying and working on questions of political justice in the period following World War II, particularly in the context of political and legal theory; in the domain of legal history; in the area of constitutional theory; in the context of comparativepolitics; and in what has become known as the field of comparative constitutional law. This republication of Fraenkel's classic work makes it once again widely available to scholars and students in the field. It includes both Fraenkel's 1974 introduction to the German second edition, never beforepublished in English, and a new introduction by Dr Jens Meierhenrich, examining the world in which The Dual State was originally published, and the lasting legacy of this classic work.
Jens Meierhenrich is Associate Professor of International Relations at the London School of Economics and Political Science, and previously taught for a decade at Harvard University. His books include Genocide: A Very Short Introduction and Genocide: A Reader (both forthcoming from Oxford University Press in 2014).
Title:The Dual State: A Contribution to the Theory of DictatorshipFormat:PaperbackDimensions:306 pages, 9.21 × 6.14 × 0 inPublished:May 13, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198716206

ISBN - 13:9780198716204

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Table of Contents

Jens Meierhenrich: IntroductionIntroduction (1974)Part 1 - The Legal System of the Dual State1. The Prerogative State2. The Limits of the Prerogative State3. The Normative StatePart 2 - The Legal Theory of the Dual State4. The Repudiation of Rational Law by National-Socialism5. The National-Socialist Campaign against Natural Law6. National-Socialism and Communal Natural LawPart 3 - The Legal Reality of the Dual State7. The Legal History of the Dual State8. The Economic Background of the Dual State9. The Sociology of the Dual State