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Radically Legal
Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts. Moving between interdisciplinary analysis and her own personal story, Kusiak connects the dots between the past and the present, the local and the global, and shows the potential of radically legal politics as a means of strengthening our democracies and reviving the rule of law. This title is also available as Open Access on Cambridge Core.
The Betrayal
At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of "genocide" and "crimes against humanity" had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence fr...
The Cambridge Companion to the Rule of Law
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
The Betrayal of the Humanities
How did the academy react to the rise, dominance, and ultimate fall of Germany's Third Reich? Did German professors of the humanities have to tell themselves lies about their regime's activities or its victims to sleep at night? Did they endorse the regime? Or did they look the other way, whether out of deliberate denial or out of fear for their own personal safety? The Betrayal of the Humanities: The University during the Third Reich is a collection of groundbreaking essays that shed light on this previously overlooked piece of history. The Betrayal of the Humanities accepts the regrettable news that academics and intellectuals in Nazi Germany betrayed the humanities, and explores what went...
Scales of Memory
This monograph explores how the constitutional courts in the United States, Germany, and South Africa have invoked slavery, Nazism, and apartheid - three historical evils - as an aid in constitutional interpretation. It examines how the memory of evil pasts moulds constitutional meaning in the contested present.
Germany’s Dual Constitution
This book offers a compelling and persuasive framework for understanding the German constitutional system. It argues that it can only be fully understood as a dual structure combining two layers with little in common. The first layer is the basic administrative institutional structure, comprised of federal institutions. The second layer is that of parliamentary democracy. It is the interplay between the two, as mediated by the chancellery, the major political parties and the Federal Constitutional Court, which lies at the heart of the German constitutional arrangement. This innovative hybrid perspective allows for a better understanding of the current challenges of parliamentary government and its potential long-term development. An updated translation of its impactful German edition, this provides one of the most brilliant introductions to governmental systems of one of the world's most influential states.
The Conceptual Change of Conscience
How did the drastic experiences of the turbulent twentieth century affect the works of a legal historian? What kind of an impact did they have on the ideas of justice and rule of law prominent in legal historiography? Ville Erkkila analyses the way in which the concepts of 'Rechtsgewissen' and 'Rechtsbewusstsein' evolved over time in the works of the prestigious legal historian Franz Wieacker. With the help of previously unavailable sources such as private correspondence, the author reveals how Franz Wieacker's personal experiences intertwined in his legal historiography with the tradition of legal science as well as the social and political destinies of twentieth century Germany.
History in the Plural
Reinhart Koselleck (1923-2006) was one of most imposing and influential European intellectual historians in the twentieth century. Constantly probing and transgressing the boundaries of mainstream historical writing, he created numerous highly innovative approaches, absorbing influences from other academic disciplines as represented in the work of philosophers and political thinkers like Hans Georg Gadamer and Carl Schmitt and that of internationally renowned scholars such as Hayden White, Michel Foucault, and Quentin Skinner. An advocate of "grand theory," Koselleck was an inspiration to many scholars and helped move the discipline into new directions (such as conceptual history, theories o...
The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Corporate Political Responsibility
This book demonstrates how companies can effectively promote their business by assuming political responsibility and expanding their investment concept to include a political component. It shows that the success of companies is crucially dependent on socio-political conditions. In other words: politically sustainable management is a business case. Therefore companies should take a closer look at the opportunities at the interface of politics and business. To date, there has not been a satisfactory assessment of the issue of Corporate Political Responsibility (CPR), which combines a conceptual framework with practical measures for implementation. This book remedies that oversight, and shows h...
