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Book The Dual State

    Book Details:
  • Author : Ernst Fraenkel
  • Publisher : Oxford University Press
  • Release : 2018-12-13
  • ISBN : 019102533X
  • Pages : 337 pages

Download or read book The Dual State written by Ernst Fraenkel and published by Oxford University Press. This book was released on 2018-12-13 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Dual State

    Book Details:
  • Author : Eric Wilson
  • Publisher : Routledge
  • Release : 2016-03-23
  • ISBN : 1317035232
  • Pages : 378 pages

Download or read book The Dual State written by Eric Wilson and published by Routledge. This book was released on 2016-03-23 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the ’deep state’ with intellectual and doctrinal coherence. Critiquing Schmitt’s work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world’s current dual or ’deep political state’, the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.

Book The Crisis of Russian Democracy

Download or read book The Crisis of Russian Democracy written by Richard Sakwa and published by Cambridge University Press. This book was released on 2010-12-16 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The view that Russia has taken a decisive shift towards authoritarianism may be premature, but there is no doubt that its democracy is in crisis. In this original and dynamic analysis of the fundamental processes shaping contemporary Russian politics, Richard Sakwa applies a new model based on the concept of Russia as a dual state. Russia's constitutional state is challenged by an administrative regime that subverts the rule of law and genuine electoral competitiveness. This has created a situation of permanent stalemate: the country is unable to move towards genuine pluralist democracy but, equally, its shift towards full-scale authoritarianism is inhibited. Sakwa argues that the dual state could be transcended either by strengthening the democratic state or by the consolidation of the arbitrary power of the administrative system. The future of the country remains open.

Book The Dual Transformation of the German Welfare State

Download or read book The Dual Transformation of the German Welfare State written by P. Bleses and published by Springer. This book was released on 2004-08-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book breaks new intellectual ground in the analysis of the German welfare state. Bleses and Seeleib-Kaiser argue that we are witnessing a dual transformation of the welfare state, which is caused by the emergence of new dominating interpretative patterns. Increasingly, the state reduces its social policy commitments towards securing the achieved living standard of former wage earners, which in the past had been the key normative principle of social policy in Germany, while at the same time public support and services for families are expanded.

Book Behemoth

    Book Details:
  • Author : Franze Neumann
  • Publisher : Ivan R. Dee
  • Release : 2009-05-16
  • ISBN : 1615780122
  • Pages : 681 pages

Download or read book Behemoth written by Franze Neumann and published by Ivan R. Dee. This book was released on 2009-05-16 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: Franz Neumann's classic account of the governmental workings of Nazi Germany, first published in 1942, is reprinted in a new paperback edition with an introduction by the distinguished historian Peter Hayes. Neumann was one of the only early Frankfurt School thinkers to examine seriously the problem of political institutions. After the rise of the Nazis to power, his emphasis shifted to an analysis of economic power, and then after the war to political psychology. But his contributions in Behemoth were groundbreaking: that the Nazi organization of society involved the collapse of traditional ideas of the state, of ideology, of law, and even of any underlying rationality. The book must be studied, not simply read, Raul Hilberg wrote. The most experienced researchers will tell us that the scarcest commodity in academic life is an original idea. If someone has two or three, he is rich. Franz Neumann was a rich man. Published in association with the United States Holocaust Memorial Museum.

Book The Remnants of the Rechtsstaat

Download or read book The Remnants of the Rechtsstaat written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2018 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.

Book The Dual State

    Book Details:
  • Author : Ernst Fraenkel
  • Publisher : The Lawbook Exchange, Ltd.
  • Release : 2006
  • ISBN : 1584776714
  • Pages : 264 pages

Download or read book The Dual State written by Ernst Fraenkel and published by The Lawbook Exchange, Ltd.. This book was released on 2006 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prerogative state -- The limits of the prerogative state -- The normative state -- The repudiation of rational natural law by national-socialism -- The national-socialist campaign against natural law -- National-socialism and communal natural law -- The legal history of the dual state -- The economic background of the dual state.

Book The Dual Penal State

    Book Details:
  • Author : Markus D. Dubber
  • Publisher : Oxford University Press
  • Release : 2018-08-23
  • ISBN : 0191061778
  • Pages : 320 pages

Download or read book The Dual Penal State written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-23 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Dual Penal State, Markus Dubber addresses the rampant use of penal power in Western liberal democracies. The interference with the autonomy of the very persons upon whose autonomy the legitimacy of state power is supposed to rest is systemically normalized, rather than continuously scrutinized. The fundamental challenge of the penal paradox-the prima facie illegitimacy of modern punishment-remains unaddressed and unresolved. Focusing on the United States and Germany, and drawing on his influential account of the patriarchal origins of police power, Dubber exposes the persistence of a two-sided criminal justice regime: the dual penal state. The dual penal state combines principled punishment of equals under the rule of law, on one side, with punitive discipline of others under the rule of police, on the other. Slavery has long played a central role in drawing the line between the two sides of the dual penal state. In Europe, the slave appears in the classic and still foundational accounts of liberal punishment (from Beccaria to Kant) as the paradigmatic other beyond the protection of law, not a legal subject but a mere object of the master's or the state's discretionary discipline. In America, the patriarchal power to police portrays the continuum from the antebellum slaveholder's whipping of his slaves in private and the racial terror perpetrated by slave patrols in public, to the apartheid regime of Jim Crow and the treatment of prisoners as "slaves of the state," and eventually to the late 20th century's systemic racial violence of the “war on crime" and the widespread killing of Black suspects by an increasingly militarized and armed police force that triggered the global Black Lives Matter movement.

Book Dual Allegiance

Download or read book Dual Allegiance written by Ben Dunkelman and published by Formac Publishing Company. This book was released on 2019-04-17 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ben Dunkelman grew up in a wealthy Jewish family in Toronto. Kicked out of several schools for being a hell-raiser, he was sent off to Europe and the Middle East in the 1930s, gaining hard experience that would serve him well in the years to come. On his return he worked for the family business, but when World War Two came he lost no time in enlisting. Dunkelman describes the war from the ordinary soldier's viewpoint, without embellishment or glorification. Yet he was a hero to his men--and to his country. After the war Dunkelman returned to Canada, but in 1948 he went to war again--this time to fight for the young nation of Israel in the struggle to establish a Jewish state. Dual Allegiance is the exciting, fast-paced story a man and the passions he was willing to fight for--and if necessary, die for.

Book In Two Minds

    Book Details:
  • Author : Jonathan St. B. T. Evans
  • Publisher : Oxford University Press, USA
  • Release : 2009
  • ISBN :
  • Pages : 388 pages

Download or read book In Two Minds written by Jonathan St. B. T. Evans and published by Oxford University Press, USA. This book was released on 2009 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the idea that we have two minds - one that is automatic, unconscious, and fast, the other controlled, conscious, and slow. In recent years there has been great interest in so-called dual-process theories of reasoning and rationality. According to dual processs theories, there are two distinct systems underlying human reasoning - an evolutionarily old system that is associative, automatic, unconscious, parallel, and fast, and a more recent, distinctively human system that is rule-based, controlled, conscious, serial, and slow. Within the former, processes are held to be innate and to use heuristics which evolved to solve specific adaptive problems. In the latter, processes are taken to be learned, flexible, and responsive to rational norms. Despite the attention these theories are attracting, there is still poor communication between dual-process theorists themselves, and the substantial bodies of work on dual processes in cognitive psychology and social psychology remain isolated from each other. This book brings together leading researchers on dual-processes to summarize the state of the art, highlight key issues, present different perspectives, explore implications, and provide a stimulus to further work. It includes new ideas about the human mind both by contemporary philosophers interested in broad theoretical questions about mental architecture and by psychologists specialising in traditionally distinct and isolated fields. For all those in the cognitive sciences, this is a book that will advance dual-process theorizing, promote interdisciplinary communication, and encourage further applications of dual-process approaches.

Book At Home in Two Countries

Download or read book At Home in Two Countries written by Peter J Spiro and published by NYU Press. This book was released on 2016-06-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.

Book Development   Dual  Citizenship and Its Discontents in Africa

Download or read book Development Dual Citizenship and Its Discontents in Africa written by Robtel Neajai Pailey and published by Cambridge University Press. This book was released on 2021-01-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on rich oral histories, this is an engaging study of citizenship construction and practice in Liberia, Africa's first black republic.

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Book From Dual to Cooperative Federalism

Download or read book From Dual to Cooperative Federalism written by Robert Schütze and published by Oxford University Press, USA. This book was released on 2009-10-15 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the federal philosophy underlying the law-making function in the European Union? Which federal model best characterizes the European Union? This book analyses and demonstrates how the European legal order evolved from a dual federalism towards a cooperative federalist philosophy.

Book The Dual Executive

Download or read book The Dual Executive written by Michelle Belco and published by Studies in the Modern Presiden. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reinterprets how and when presidents use unilateral power, arguing that these orders are used not only to press the president's agenda, but also to share power with Congress and facilitate the work of government.

Book Dual Language Education

Download or read book Dual Language Education written by Kathryn J. Lindholm-Leary and published by Multilingual Matters. This book was released on 2001-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dual language education is a program that combines language minority and language majority students for instruction through two languages. This book provides the conceptual background for the program and discusses major implementation issues. Research findings summarize language proficiency and achievement outcomes from 8000 students at 20 schools, along with teacher and parent attitudes.

Book Legal Sabotage

    Book Details:
  • Author : Douglas G. Morris
  • Publisher : Cambridge University Press
  • Release : 2020-08-27
  • ISBN : 1108890377
  • Pages : 303 pages

Download or read book Legal Sabotage written by Douglas G. Morris and published by Cambridge University Press. This book was released on 2020-08-27 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jewish leftist lawyer Ernst Fraenkel was one of twentieth-century Germany's great intellectuals. During the Weimar Republic he was a shrewd constitutional theorist for the Social Democrats and in post-World War II Germany a respected political scientist who worked to secure West Germany's new democracy. This book homes in on the most dramatic years of Fraenkel's life, when he worked within Nazi Germany actively resisting the regime, both publicly and secretly. As a lawyer, he represented political defendants in court. As a dissident, he worked in the underground. As an intellectual, he wrote his most famous work, The Dual State – a classic account of Nazi law and politics. This first detailed account of Fraenkel's career in Nazi Germany opens up a new view on anti-Nazi resistance – its nature, possibilities, and limits. With grit, daring and imagination, Fraenkel fought for freedom against an increasingly repressive regime.