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from Part I - History
Published online by Cambridge University Press: 15 January 2023
This chapter discusses Ernst Fränkel’s analysis of Nazi Germany as a dual state that combined remnants of legal governance with a practice of permanent dictatorship. It is argued that Fränkel’s dual state thesis sheds a critical light on recent appropriations of the notion of material constitution. This claim is developed by way of an analysis and defence of Fränkel’s critique of Carl Schmitt’s concrete order thought.
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