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 the downfall 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 of international 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 of public 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.
A Historical Introduction from the 16th to the 21st Century
Author: Michael Stolleis
Publisher: Oxford University Press, USA
German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
It is impossible to comprehend the political development of the United States, England, or France without considering the US Constitution, English common law or the Code Napoleon, respectively. Why then has legalism been neglected in the study of German politics? Drawing on constitutional and legal history, this book reconsiders the creation of the German state and the nature of the 'bourgeois revolution'. The author reviews the critical time period of 1814-1930 to demonstrate the links between the legal code and political evolution. She argues that German liberals perceived that the ends of revolution could be achieved legislatively; thus Germany was able to attain a modern political and social system while avoiding - or at least delaying - violent movements. This book provides a ... republican synthesis of German political development through time.
In Enemies of Mankind Walter Rech offers a contextual history of the collective security doctrine articulated by Swiss international lawyer Emer de Vattel (1714-67) in the authoritative treatise Droit des gens of 1758.
Law by Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker
Author: Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker
Publisher: OUP Oxford
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Conceptions of German Constitutional Law since 1871
Author: Jo Eric Khushal Murkens
Publisher: OUP Oxford
Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
German language by Deutsche Akademie für Sprache und Dichtung
Die großen Weltendeuter im Portrait Vierzig Jahre nach Wolfgang Weischedels Philosophischer Hintertreppe präsentiert Peter Sloterdijk philosophische Temperamente von Platon bis Foucault und öffnet damit einen neuen Zugang zu den Meisterdenkern des Abendlands. Seine Toasts auf die zwanzig bedeutendsten Köpfe der Geistesgeschichte sind die perfekte philosophische Einstiegsdroge. Prägnanter und treffender wurden Platon, Marx & Co. noch nicht porträtiert. Vierzig Jahre nach Wolfgang Weischedels Philosophischer Hintertreppe präsentiert Peter Sloterdijk philosophische Temperamente von Platon bis Foucault und öffnet damit einen neuen Zugang zu den Meisterdenkern des Abendlands. Seine Toasts auf die zwanzig bedeutendsten Köpfe der Geistesgeschichte sind die perfekte philosophische Einstiegsdroge. Prägnanter und treffender wurden Platon, Marx & Co. noch nicht porträtiert. Aus dem Inhalt: Platon, Aristoteles, Augustinus, Descartes. Leibniz, Kant, Fichte, Schelling, Hegel, Kierkegaard, Marx, Schopenhauer, Nietzsche, Wittgenstein, Sartre, Foucault
Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.
"McElligott's impressive mastery of an enormous body of research guides him on a distinctive path through the dense thickets of Weimar historiography to a provocative new interpretation of the nature of authority in Germany's first democracy.Â?? Sir Ian Kershaw, Emeritus Professor of Modern History at the University of Sheffield, UK This study challenges conventional approaches to the history of the Weimar Republic by stretching its chronological-political parameters from 1916 to 1936, arguing that neither 1918 nor 1933 constituted distinctive breaks in early 20th-century German history. This book: - Covers all of the key debates such as inheritance of the past, the nature of authority and culture - Rethinks topics of traditional concern such as the economy, Article 48, the Nazi vote and political violence - Discusses hitherto neglected areas, such as provincial life and politics, the role of law and Republican cultural politics
Mira Wilkins, the foremost authority on foreign investment in the United States, continues her magisterial history in a work covering the critical years 1914-1945. Wilkins includes all long-term inward foreign investments, both portfolio (by individuals and institutions) and direct (by multinationals), across such enterprises as chemicals and pharmaceuticals, textiles, insurance, banks and mortgage providers, other service sector companies, and mining and oil industries. She traces the complex course of inward investments, presents the experiences of the investors, and examines the political and economic conditions, particularly the range of public policies, that affected foreign investments. She also offers valuable discussions on the intricate cross-investments of inward and outward involvements and the legal precedents that had long-term consequences on foreign investment. At the start of World War I, the United States was a debtor nation. By the end of World War II, it was a creditor nation with the strongest economy in the world. Integrating economic, business, technological, legal, and diplomatic history, this comprehensive study is essential to understanding the internationalization of the American economy, as well as broader global trends.
Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.