The Rule of Law Under Siege

Selected Essays of Franz L. Neumann and Otto Kirchheimer

William E. Scheuerman

• Publisher: University of California Press
• Year: 2023
• ISBN:
  9780520917347
• Edition: 1
• Topic: Philosophy
• Subtopic: Political Philosophy

In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.
In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The vo

Table of contents

• Cover
• Title
• Copyright
• CONTENTS
• ACKNOWLEDGMENTS
• ONE The Decay of German Democracy Franz L. Neumann
• TWO Legality and Legitimacy Otto Kirchheimer
• THREE Remarks on Carl Schmitt’s Legality and Legitimacy Otto Kirchheimer1
• FOUR The Change in the Function of Law in Modern Society1 Franz L. Neumann
• FIVE State Structure and Law in the Third Reich Otto Kirchheimer
• SIX Criminal Law in National Socialist Germany Otto Kirchheimer
• SEVEN The Concept of Political Freedom1 Franz L. Neumann
• EIGHT Labor Law in Modern Society' Franz L. Neumann
• NINE The Rechtsstaat as Magic Wall Otto Kirchheimer
• INDEX