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The Remnants of the Rechtsstaat
This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.
Legal Sabotage
A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
Enduring Enmity
To date, the relationship between Otto Kirchheimer and Carl Schmitt has invariably been described as friendly, despite their political differences. Kirchheimer has even beeen attributed the role of the godfather of today's left-Schmittianism. With reference to previously unknown archival materials, conversations with personal contacts, and through a new reading of the theoretical works of both authors, including an analysis of the Nazi vocabulary used by Schmitt, Hubertus Buchstein exposes this view as a politically motivated legend. Buchstein claims that the best way to characterize their relationship from their first meeting in Bonn in 1926 up until Kirchheimer's death in 1965 is as enduring enmity - in a political, a theoretical, and even a personal sense.
Elgar Encyclopedia of Comparative Law, Second Edition
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyc...
The Changing Role of Property Law
This timely book analyses the most significant contemporary developments and trends in property law, including the concept of property rights, the role of property law and property rights in society, and the values they enhance. It examines the effect of property rights on social, economic and cultural development and vice versa, considering the impact of phenomena such as technological innovation, digitalisation and blockchain technology, changes in social and economic organisation and globalisation.
Political Justice
How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance betwee...
The Language of Human Rights in West Germany
Human rights language is abstract and ahistorical because advocates intend human rights to be valid at all times and places. Yet the abstract universality of human rights discourse is a problem for historians, who seek to understand language in a particular time and place. Lora Wildenthal explores the tension between the universal and the historically specific by examining the language of human rights in West Germany between World War II and unification. In the aftermath of Nazism, genocide, and Allied occupation, and amid Cold War and national division, West Germans were especially obliged to confront issues of rights and international law. The Language of Human Rights in West Germany trace...
The Cambridge Handbook on the Material Constitution
Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.
Red Army Faction, A Documentary History
The long-awaited Volume 2 of the first-ever English-language study of the Red Army Faction—West Germany’s most notorious urban guerillas—covers the period immediately following the organization’s near-total decimation in 1977. This work includes the details of the guerilla’s operations, and its communiqués and texts, from 1978 up until the 1984 offensive. This was a period of regrouping and reorientation for the RAF, with its previous focus on freeing its prisoners replaced by an anti-NATO orientation. This was in response to the emergence of a new radical youth movement in the Federal Republic, the Autonomen, and an attempt to renew its ties to the radical left. The possibilities...
Freshwater Access from a Human Rights Perspective
Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.
