Cover

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pp. 1-1

Title Page, Copyright

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pp. 2-7

Contents

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pp. vii-x

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Preface

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pp. xi-xii

We began work on the Weimar jurisprudence of crisis almost ten years ago, soon after the fall of the Berlin Wall. Our hope was that the Weimar debates would provide a unique vantage from which to survey states throughout the world struggling to embrace political democracy and a liberal legal culture. ...

Translation and Apparatus

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pp. xiii-xiv

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Introduction: Constitutional Crisis: The German and the American Experience

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pp. 1-40

German legal theory in the Weimar period focused on what in Germany is known as the “law of the state” [Staatsrecht]. Though Weimar had a rich private law culture, the distinctive contribution of its legal theorists was to the law of the state. For the law of the state was in crisis in Weimar. ...

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Prologue: The Shattering of Methods in Late Wilhelmine Germany

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pp. 41-66

The Weimar debate on the tasks, aims, and methods of the theory of the law of the state spans a discrete period in the development of public law in Germany. However, it would be simplistic to seek in Weimar alone the factors that triggered this debate; the Weimar discussion took up issues and provided answers to questions that were of longer standing. ...

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One: Hans Kelsen

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pp. 67-109

Hans Kelsen was born on 11 October 1881 into a modest bourgeois family in Prague. The family soon moved to Vienna, where Kelsen passed his Gymnasium exams in 1900. The economist Ludwig von Mises was among his classmates and friends. Kelsen studied law and earned a doctorate in 1906 with a quite unusual work, ...

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Two: Hugo Preuss

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pp. 110-127

The Weimar Constitution had no more passionate defender than the person who drafted it. No German law professor bound his name so unreservedly to the Weimar Republic as Hugo Preuss. ...

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Three: Gerhard Anschütz

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pp. 128-150

Gerhard Anschütz did not owe his standing in the state law theory of the Weimar period to conceptions of state and constitutional theory, as did Hermann Heller, Rudolf Smend, and Carl Schmitt, nor to a position on state law grounded in legal theory, as did Hans Kelsen; his prominence was due instead to doctrinal works on existing public law. ...

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Four: Richard Thoma

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pp. 151-170

Of the leading representatives of the statutory positivist approach to public law in the Weimar Republic, Richard Thoma produced the most coherent political theory of the Weimar constitutional system. He developed this theory in numerous essays and expositions of legal problems, in journals, in Festschriften, ...

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Five: Heinrich Triepel

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pp. 171-188

Born on 12 February 1868 in Leipzig, Triepel completed his studies in Freiburg and Leipzig and, with the support of his teacher, Karl Binding, progressed rapidly through the early stages of his academic career. In the winter semester of 1900–01, he succeeded Gerhard Anschütz in Tübingen as professor. ...

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Six: Erich Kaufmann

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pp. 189-206

Erich Kaufmann (1880 –1972) was a critical influence in reasserting the importance of history and sociological ideas in legal and state law scholarship. His 1921 Critique of the Neo-Kantian Philosophy of Law [Kritik der neukantischen Rechtsphilosophie] offered a penetrating and influential critique of the foundations ...

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Seven: Rudolf Smend

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pp. 207-248

Rudolf Smend (15 January 1882–5 July 1975) was born into a family of lawyers and theologians. His scholarly work, though of comparatively limited volume, was crucial to the development in Germany in this century of the theories of the state, broadly conceived, and of the law of the state, conceived as a matter of doctrine. ...

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Eight: Hermann Heller

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pp. 249-279

Hermann Heller (17 July 1891–4 November 1933) came from a Jewish family in the Austro-Hungarian Empire. He interrupted his studies in law by volunteering for service in the Austrian army during the First World War. His experiences as a front-line fighter left him with a heart condition, which contributed to his death at the age of 42. ...

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Nine: Carl Schmitt

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pp. 280-312

Carl Schmitt was born on 11 July 1888 in Plettenberg. After studying law and receiving his doctorate, Schmitt wrote his Habilitationsschrift at the University of Strasbourg in 1916 on political philosophy (Der Wert des Staates und die Bedeutung des Einzelnen [The Value of the State and the Significance of the Individual]). ...

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Epilogue: The Decline of Theory

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pp. 313-334

Under National Socialism, the theory of the state and its law generally languished. This is evident not only among those scholars who largely clung to their pre-1933 methods and positions and attempted to stay out of politics and matters of state, or those National Socialist authors in the narrower ideological sense who sought a genuinely racist, ...

Notes

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pp. 335-390

Editors and Contributors

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pp. 391-392

Copyright Acknowledgments

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pp. 393-394

Index

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pp. 395-405