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Vol 21 No 11 Nov/Dec 2016

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Weimar New ed

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ISBN13: 9780520236813
ISBN: 0520236815
Published: June 2003
Publisher: University Presses of California, Columbia and Princeton
Format: Paperback
Price: £24.95



This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the post-war Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimization to the rule of law.;Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but the others, whose writings are translated here, played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Australia, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar republic and the struggle for constitutionalism in German. This critical scrutiny of the Weimar jurisprudence of c

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Contents:
Introduction. Constitutional Crisis: The German and the American Experience, by Arthur J. Jacobson and Bernhard Schlink 1. Hans Kelsen 2. Hugo Preuss 3. Gerhard Anschutz 4. Richard Thoma 5. Heinrich Triepel 6. Erich Kaufmann 7. Rudolf Smend 8. Hermann Heller 9. Carl Schmitt