Preface to the 1941 Edition |
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ix | |
Preface to the 1974 German Edition |
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xiii | |
Introduction to the 1941 Edition |
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xxiii | |
An Ethnography of Nazi Law: The Intellectual Foundations of Ernst Fraenkel's Theory of Dictatorship |
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xxvii | |
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PART I THE LEGAL SYSTEM OF THE DUAL STATE |
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3 | (54) |
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1 The Origin of the Prerogative State |
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3 | (3) |
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2 The Allocation and Delimitation of Jurisdictions |
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6 | (3) |
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a General Regulation of Jurisdiction |
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6 | (3) |
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9 | (1) |
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3 The Abolition of the Rule of Law |
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9 | (5) |
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a Historical Introduction |
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9 | (5) |
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b The Dissolution of the Rule of Law as Reflected in the Decisions of the Courts |
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14 | (1) |
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1 The Abolition of Constitutional Restraints |
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14 | (2) |
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2 The Abolition of other Legal Restraints |
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16 | (4) |
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3 The Abolition of Restraints on the Police Power |
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20 | (4) |
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4 The Abolition of Judicial Review |
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24 | (9) |
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24 | (1) |
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b Review by Administrative Courts |
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25 | (3) |
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c Review in Civil Procedure |
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28 | (3) |
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d Review in Penal Procedure |
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31 | (2) |
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5 The Party as an Instrument of the Prerogative State |
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33 | (4) |
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6 Politics as the Aim of the Prerogative State |
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37 | (9) |
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4 The Prerogative State in Operation |
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46 | (11) |
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a The Negation of Formal Rationality |
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46 | (3) |
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b The Persecution of the Heretics |
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49 | (8) |
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II The Limits of the Prerogative State |
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57 | (8) |
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65 | (42) |
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1 The Dual State and Separation of Powers |
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65 | (6) |
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a Prerogative State and the Executive |
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65 | (4) |
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b Normative State and Discretionary Power |
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69 | (2) |
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2 The Guardians of the Normative State |
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71 | (2) |
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a National-Socialism as the Guardian of the Normative State |
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71 | (2) |
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b The Courts as Guardians of the Normative State |
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73 | (1) |
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1 Internal and External Reservations |
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73 | (2) |
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2 The Normative State as the Guardian of Legal Institutions |
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75 | (8) |
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a Entrepreneurial Liberty |
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75 | (1) |
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76 | (1) |
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77 | (2) |
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79 | (1) |
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80 | (2) |
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f The Law of Non-Tangible Property |
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82 | (1) |
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3 The Normative State and the Party Program |
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83 | (13) |
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a Public Interest Precedes Self-Interest |
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83 | (4) |
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87 | (2) |
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c The Legal Status of the Jews |
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89 | (7) |
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c The Estates as Organs of the Normative State |
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96 | (1) |
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1 Economic Self-Government |
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96 | (5) |
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101 | (6) |
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PART II THE LEGAL THEORY OF THE DUAL STATE |
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I The Repudiation of Rational Natural Law by National-Socialism |
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107 | (8) |
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II The National-Socialist Campaign Against Natural Law |
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115 | (18) |
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1 The Christian System of Natural Law |
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115 | (7) |
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122 | (11) |
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III National-Socialism and Communal Natural Law |
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133 | (20) |
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1 Societal and Communal Natural Law |
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133 | (6) |
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2 Communal Natural Law and Concrete Theory of Order |
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139 | (14) |
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PART III THE LEGAL REALITY OF THE DUAL STATE |
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I The Legal History of the Dual State |
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153 | (18) |
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1 The Dual State and the Dualistic State |
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153 | (4) |
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2 The History of the Dual State in Prussia and in Germany |
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157 | (14) |
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a The Establishment of the Absolute Monarchy |
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157 | (2) |
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159 | (2) |
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c The Absolute Bureaucracy |
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161 | (6) |
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167 | (4) |
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II The Economic Background of the Dual State |
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171 | (17) |
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III The Sociology of the Dual State |
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188 | (21) |
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1 `Plant-Community' and `Shop-Troop' |
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188 | (9) |
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2 Ethnic Community and Armament Boom |
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197 | (3) |
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3 The Concept of Politics in National-Socialist Theory |
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200 | (9) |
Abbreviations |
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209 | (2) |
Notes |
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211 | (30) |
Appendix to the 1941 Edition: Reichsgesetzblatt (Official Statute Book) |
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241 | (1) |
Appendix I to the 1974 German Edition: Proceeding before the Reichsarbeitsgericht (Reich Labour Court) |
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242 | (3) |
Appendix II to the 1974 German Edition: Proceeding before the Amtsgericht (District Court) Berlin |
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245 | (2) |
Table of Cases |
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247 | (4) |
Index |
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251 | |