Author: Michael Stolleis
Publisher: Oxford University Press on Demand
Release Date: 2004
This history of the discipline of public law in Germany covers three dramatic decades of the twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich. The author examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law, business administration law). Almost all the issues and questions that preoccupy state law and administrative law theory at the dawn of the twenty-first century were first pondered and debated during this period. Stolleis begins by emphasizing the long farewell to the nineteenth century and then moves on to examine the doctrine of state law and administrative law during the First World War. The impact of the Weimar Constitution and the of the Versailles Treaty on the discipline is discussed. Here the famous 'quarrel of direction' that occurred in the field of state law doctrine (1926-1929) played a central role. But equally important was the development of state law and administrative law theory (in both the Reich and its constituent states), administrative doctrine, and the jurisprudence of international law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion of public law and in the growing sense of depression that gripped its practitioners. In the end, it was not only state law that was destroyed by the Nazi experience, but the scholarly discipline that went with it. The author tackles questions about the co-responsibility of scholars for the Holocaust, and the reasons fwhy academic teachers of public law were all but absent in the opposition to the Nazi regime.
Author: Michael Stolleis
Publisher: Berghahn Books
Release Date: 2001-01-01
This study, by one of Germany's most prominent scholars of legal history, examines a period crucial for the history of constitutionalism in this century after the collapse of the Holy Roman Empire of the German Nation in 1806. This was the era of the Congress of Vienna, of the Restoration and the constitutionalist movement, of the Revolution of 1848 and the foundation of the German Empire by Bismarck. All these developments had profound repercussions on the social and constitutional structures of central European society; they invalidated the basic principles of the previous legal system and paved the way for the changes and controversies involved in the formation of a notion of the state and public law in the nineteenth century. But the history of public law is also marked by continuities, by long-term shits in feudal and criminal law related to the social and political conditions of the period. Integrating intellectual with political history, this book explores the constitutional movements in the literature and scholarship of public law leading to the foundation of the German Confederation, the rise of administrative law with the "German Revolution" of 1848, and the parallels between, and increased separation of, private and public spheres in the epoch of positivism that depoliticized the scholarly investigation of public law and led to the call for the purely legal construction of constitutional law that we have today. Michael Stolleishas held the Chair of Public Law and Early Modern Legal History at the University of Frankfurt since 1975. Since 1991, he has been the Director of the Max-Planck-Institute for European Legal History. In 1991 he was awarded the Leibniz Award and in 1995 the Swedish Riksbanken Research Award.
Author: Michael Stolleis
Publisher: Oxford University Press, USA
Release Date: 2017-05-25
German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.
"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.
Author: Benjamin Schupmann
Publisher: Oxford University Press
Release Date: 2017-11-16
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Author: Sabino Cassese
Publisher: Oxford University Press
Release Date: 2017-06-08
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Author: Cormac Mac Amhlaigh
Publisher: OUP Oxford
Release Date: 2013-05-09
Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.
Author: Helmut Walser Smith
Publisher: Oxford University Press on Demand
Release Date: 2011-09-29
This is the first comprehensive, multi-author survey of German history that features cutting-edge syntheses of major topics by an international team of leading scholars. Emphasizing demographic, economic, and political history, this Handbook places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed and cutting-edge chapters on religious history and on literary history, as well as to contemporary observers, with reflections on Germany and the European Union, and on 'multi-cultural Germany.' Covering the period from around 1760 to the present, this Handbook represents a remarkable achievement of synthesis based on current scholarship. It constitutes the starting point for anyone trying to understand the complexities of German history as well as the state of scholarly reflection on Germany's dramatic, often destructive, integration into the community of modern nations. As it brings this story to the present, it also places the current post-unification Federal Republic of Germany into a multifaceted historical context. It will be an indispensable resource for scholars, students, and anyone interested in modern Germany.
Author: Peter Sloterdijk
Publisher: Columbia University Press
Release Date: 2013
Peter Sloterdijk turns his keen eye to the history of western thought, conducting colorful readings of the lives and ideas of the world's most influential intellectuals. Featuring nineteen vignettes rich in personal characterizations and theoretical analysis, Sloterdijk's companionable volume casts the development of philosophical thinking not as a buildup of compelling books and arguments but as a lifelong, intimate struggle with intellectual and spiritual movements, filled with as many pitfalls and derailments as transcendent breakthroughs. Sloterdijk delves into the work and times of Aristotle, Augustine, Bruno, Descartes, Foucault, Fichte, Hegel, Husserl, Kant, Kierkegaard, Leibniz, Marx, Nietzsche, Pascal, Plato, Sartre, Schelling, Schopenhauer, and Wittgenstein. He provocatively juxtaposes Plato against shamanism and Marx against Gnosticism, revealing both the vital external influences shaping these intellectuals' thought and the excitement and wonder generated by the application of their thinking in the real world. The philosophical "temperament" as conceived by Sloterdijk represents the uniquely creative encounter between the mind and a diverse array of cultures. It marks these philosophers' singular achievements and the special dynamic at play in philosophy as a whole. Creston Davis's introduction details Sloterdijk's own temperament, surveying the celebrated thinker's intellectual context, rhetorical style, and philosophical persona.
Author: Richard Bessel
Publisher: Oxford University Press
Release Date: 1993
This is a social history of Germany in the years following the First World War. Germany's defeat and the subsequent demobilization of her armies had enormous economic, social, and psychological consequences for the nation, and it is these which Richard Bessel sets out to explore. Dr Bessel examines the changes brought by the War to Germany, by the return of the soldiers to civilian life and by the demobilization of the economy. He demonstrates how the postwar transition was viewed as a moral crusade by Germans desperately concerned about challenges to traditional authority; and he assesses the ways in which the experiences and memories of the War affected the politics of the Weimar Republic. This original and scholarly book offers important insights into the sense of dislocation, both personal and national, experienced by Germany and Germans after the First World War, and the damaging legacy of the War for German democracy.
Author: Ian Kershaw
Release Date: 2015-11-17
"Chilling... To Hell and Back should be required reading in every chancellery, every editorial cockpit and every place where peevish Euroskeptics do their thinking…. Kershaw documents each and every ‘ism’ of his analysis with extraordinary detail and passionate humanism."—The New York Times Book Review The Penguin History of Europe series reaches the twentieth century with acclaimed scholar Ian Kershaw’s long-anticipated analysis of the pivotal years of World War I and World War II. The European catastrophe, the long continuous period from 1914 to 1949, was unprecedented in human history—an extraordinarily dramatic, often traumatic, and endlessly fascinating period of upheaval and transformation. This new volume in the Penguin History of Europe series offers comprehensive coverage of this tumultuous era. Beginning with the outbreak of World War I through the rise of Hitler and the aftermath of the Second World War, award-winning British historian Ian Kershaw combines his characteristic original scholarship and gripping prose as he profiles the key decision makers and the violent shocks of war as they affected the entire European continent and radically altered the course of European history. Kershaw identifies four major causes for this catastrophe: an explosion of ethnic-racist nationalism, bitter and irreconcilable demands for territorial revisionism, acute class conflict given concrete focus through the Bolshevik Revolution, and a protracted crisis of capitalism. Incisive, brilliantly written, and filled with penetrating insights, To Hell and Back offers an indispensable study of a period in European history whose effects are still being felt today. From the Hardcover edition.
Author: Jo Eric Khushal Murkens
Publisher: OUP Oxford
Release Date: 2013-01-17
Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.
Author: Enzo Traverso
Publisher: Verso Books
Release Date: 2016-02-16
Europe’s second Thirty Years’ War—an epoch of blood and ashes Fire and Blood looks at the European crisis of the two world wars as a single historical sequence: the age of the European Civil War (1914–1945). Its overture was played out in the trenches of the Great War; its coda on a ruined continent. It opened with conventional declarations of war and finished with “unconditional surrender.” Proclamations of national unity led to eventual devastation, with entire countries torn to pieces. During these three decades of deepening conflicts, a classical interstate conflict morphed into a global civil war, abandoning rules of engagement and fought by irreducible enemies rather than legitimate adversaries, each seeking the annihilation of its opponents. It was a time of both unchained passions and industrial, rationalized massacre. Utilizing multiple sources, Enzo Traverso depicts the dialectic of this era of wars, revolutions and genocides. Rejecting commonplace notions of “totalitarian evil,” he rediscovers the feelings and reinterprets the ideas of an age of intellectual and political commitment when Europe shaped world history with its own collapse.
Author: Peter Watson
Publisher: Simon and Schuster
Release Date: 2010-09-16
From the end of the Baroque age and the death of Bach in 1750 to the rise of Hitler in 1933, Germany was transformed from a poor relation among western nations into a dominant intellectual and cultural force more influential than France, Britain, Italy, Holland, and the United States. In the early decades of the 20th century, German artists, writers, philosophers, scientists, and engineers were leading their freshly-unified country to new and undreamed of heights, and by 1933, they had won more Nobel prizes than anyone else and more than the British and Americans combined. But this genius was cut down in its prime with the rise and subsequent fall of Adolf Hitler and his fascist Third Reich-a legacy of evil that has overshadowed the nation's contributions ever since. Yet how did the Germans achieve their pre-eminence beginning in the mid-18th century? In this fascinating cultural history, Peter Watson goes back through time to explore the origins of the German genius, how it flourished and shaped our lives, and, most importantly, to reveal how it continues to shape our world. As he convincingly demonstarates, while we may hold other European cultures in higher esteem, it was German thinking-from Bach to Nietzsche to Freud-that actually shaped modern America and Britain in ways that resonate today.
Author: Michael Stolleis
Publisher: Springer Science & Business Media
Release Date: 2012-11-15
Genre: Political Science
This book traces the origins of the German welfare state. The author, formerly director at the Max-Planck-Institute for European Legal History, Frankfurt, provides a perceptive overview of the history of social security and social welfare in Germany from early modern times to the end of World War II, including Bismarck’s pioneering introduction of social insurance in the 1880s. The author unravels “layers” of social security that have piled up in the course of history and, so he argues, still linger in the present-day welfare state. The account begins with the first efforts by public authorities to regulate poverty and then proceeds to the “social question” that arose during the 19th-century Industrial Revolution. World War I had a major impact on the development of social security, both during the war and after, through the exigencies of the war economy, inflation and unemployment. The ruptures as well as the continuities of social policy under National Socialism and World War II are also investigated.