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Weimar
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 postwar 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 legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are...
'The Unconquered Land' and Other Old Testament Essays
This final book published in the Ashgate SOTS monograph series collects together for the first time in English translation a selection of important essays on central themes and texts in Old Testament criticism and exegesis by Rudolf Smend, one of the world's most eminent senior scholars in the field. The essays focus on key topics such as Moses, covenant, history, Old Testament theology, the state, Elijah, Amos, and major movements in the history of the discipline over the past three centuries. All are marked by penetrating exegetical and critical insight as well as by an unrivalled knowledge of the history of Old Testament scholarship, and many of them have already made highly-respected and influential contributions. Their publication will serve to make the range and vitality of Smend's work more widely known to English-speaking readers.
From Liberal Democracy to Fascism
The Weimar Republic – from 1919 until 1933, when Hitler came into power – witnessed crucial debates on law and politics. These debates are reexamined in this book. Were, for example, democratic rules and procedures an adequate basis for democracy, as Hugo Preuss and Hans Kelsen suggested? Or should constitutional law elaborate the deeper, basic principles embedded in the democratic constitution itself, as Hermann Heller argued? Was the president the immediate “guardian of the constitution”, as Carl Schmitt’s concept of “representation” suggested? Or was Schmitt’s concept itself subject to Walter Benjamin’s critique of the aura of authenticity? These, and other typical Weimar-era debates helped shape West German constitutionalism. The former labor lawyer on the left Ernst Fraenkel, for example, began to develop a general theory of dictatorship mass democracy while in exile, which influenced the new discipline of political science after the war. Similarly, Gerhard Leibholz, an anti-positivist lawyer in Weimar, served on the first Constitutional Court of the Federal Republic of Germany, helping to consolidate its new constitutional culture.
Popular Sovereignty and the Crisis of German Constitutional Law
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Modern Biblical Criticism as a Tool of Statecraft (1700-1900)
Modern biblical scholarship is often presented as analogous to the hard and natural sciences; its histories present the developmental stages as quasi-scientific discoveries. That image of Bible scholars as neutral scientists in pursuit of truth has persisted for too long. Modern Biblical Criticism as a Tool of Statecraft (1700-1900) by Scott W. Hahn and Jeffrey L. Morrow examines the lesser known history of the development of modern biblical scholarship in the eighteenth and nineteenth centuries. This volume seeks partially to fulfill Pope Benedict XVI’s request for a thorough critique of modern biblical criticism by exploring the eighteenth and nineteenth century roots of modern biblical ...
The Death of Scripture and the Rise of Biblical Studies
The Death of Scripture and the Rise of Biblical Studies examines the creation of the academic Bible. Beginning with the fragmentation of biblical interpretation in the centuries after the Reformation, Michael Legaspi shows how the weakening of scriptural authority in the Western churches altered the role of biblical interpretation. Focusing on renowned German scholar Johann David Michaelis (1717-1791), Legaspi explores the ways in which critics reconceived the role of the Bible. This book offers a new account of the origins of biblical studies, illuminating the relation of the Bible to churchly readers, theological interpreters, academic critics, and people in between. It explains why, in an age of religious resurgence, modern biblical criticism may no longer be in a position to serve as the Bible's disciplinary gatekeeper.
The Transjordanian Palimpsest
This study analyzes several passages in the Former Prophets (2 Sam 19:12-44; 2 Kgs 2:1-18; Judg 8:4-28) from a literary perspective, and argues that the text presents Transjordan as liminal in Israel's history, a place from which Israel's leaders return with inaugurated or renewed authority. It then traces the redactional development of Samuel-Kings that led to this literary symbolism, and proposes a hypothesis of continual updating and combination of texts, beginning early in Israel's monarchy and continuing until the final formation of the Deuteronomistic History. Several source documents may be isolated, including three narratives of Saul's rise, two distinct histories of David's rise, an...
Boschwitz on Wellhausen
Julius Wellhausen was a monumental figure in the field of biblical studies, but his work has been denounced as antisemitic in recent years. This book offers a nuanced view of Wellhausen’s scholarship through a critical edition and translation of one of the last doctoral dissertations by a Jew in Nazi Germany: Friedemann Philipp Boschwitz’s Julius Wellhausen: Motives and Measures of His Historiography. Boschwitz presents a deep, holistic analysis of Wellhausen's thought, examining his work on ancient Judaism, early Christianity, and formative Islam within the framework of comparative religion and cultural history. He also situates Wellhausen in the context of German intellectual history, ...
Constitutional and Political Theory
In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.
