Book contents
- Legal Sabotage
- Cambridge Studies in Constitutional Law
- Legal Sabotage
- Copyright page
- Dedication
- Contents
- Plates
- Acknowledgments
- Abbreviations
- Introduction
- 1 Setting the Scene of a Jewish Lawyer, Like Fraenkel, in Nazi Germany
- 2 Fraenkel as a Social Democrat Practicing Law in Nazi Germany
- 3 Fraenkel as an Essayist Supporting the Illegal Underground
- 4 Fraenkel as a Scholar Condemning the Nazi Regime’s Dual State
- 5 Thinking about the Legal Justifications for Sabotaging a Tyrannical Regime
- Conclusion The Ernst Fraenkel Dilemma
- Notes
- Bibliography
- Index
- Plate Section
4 - Fraenkel as a Scholar Condemning the Nazi Regime’s Dual State
Published online by Cambridge University Press: 17 August 2020
- Legal Sabotage
- Cambridge Studies in Constitutional Law
- Legal Sabotage
- Copyright page
- Dedication
- Contents
- Plates
- Acknowledgments
- Abbreviations
- Introduction
- 1 Setting the Scene of a Jewish Lawyer, Like Fraenkel, in Nazi Germany
- 2 Fraenkel as a Social Democrat Practicing Law in Nazi Germany
- 3 Fraenkel as an Essayist Supporting the Illegal Underground
- 4 Fraenkel as a Scholar Condemning the Nazi Regime’s Dual State
- 5 Thinking about the Legal Justifications for Sabotaging a Tyrannical Regime
- Conclusion The Ernst Fraenkel Dilemma
- Notes
- Bibliography
- Index
- Plate Section
Summary
Fraenkel’s book The Dual State has stood out for the first and third of its three parts. The first part set forth a provocative analysis of the Nazi legal system, dividing it into the prerogative and normative states. The third part argued that Nazism served the needs of late monopoly capitalism, drawing the sting of later critics. But the middle part on Nazism’s legal doctrine, tucked between the earlier part with pioneering analysis and the later one with a dated interpretation, has, at least until recently, suffered neglect.
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- Information
- Legal SabotageErnst Fraenkel in Hitler's Germany, pp. 124 - 151Publisher: Cambridge University PressPrint publication year: 2020