An Unsparing Analysis of the Legal Principles and Constitutional
Developments of the Third Reich This classic study is widely
considered one of the finest analyses of totalitarianism. It was
written in Germany in the late 1930s and completed in the United
States in 1940, where Fraenkel lived after fleeing the Nazis in
1938. The title derives from Fraenkel's thesis that National
Socialism divided the law into two co-existing areas. The first of
these, The Normative State, protects the legal order as expressed
in statutes, decisions of courts and the activities of
administrative agencies. Its counterpart is the Prerogative State,
which is governed by the party. It exercised "unlimited
arbitrariness and violence unchecked by any legal guarantees"
(xiii). As a detailed record of what has happened to the Rechtstaat
under totalitarian auspices, this book is without rival.--Fritz
Morstein Marx, Harvard Law Review 54 (1940-1941), 1267 Several
scholars have published authoritative descriptions of the German
political and legal system. Fraenkel's book differs from its
predecessors in so far as it represents, to the reviewer, the first
attempt to provide a theoretical analysis of the German legal
order. --Otto Kirchheimer, Political Science Quarterly, Vol. 56,
No. 3 (Sep., 1941), 434-436 Ernst Fraenkel 1898-1975], the renowned
political scientist, is widely considered the father of the theory
of pluralism in Germany. He served in the German Army during the
First World War from 1914 to 1918, worked as a labor lawyer with
the left-wing political activist Franz Leopold Neumann, and as a
Social Democrat and a Jew, fled Germany to the United Kingdom in
1938, and then to the United States in 1939. It is said that the
manuscript of this book traveled ahead as contraband. He served as
legal counsel to Korea before returning to Germany in 1951. In 1963
he founded The John F. Kennedy Institute in Berlin. CONTENTS
Preface Introduction PART I THE LEGAL SYSTEM OF THE DUAL STATE CH.
I. The Prerogative State CH. II. The Limits of the Prerogative
State CH. III. The Normative State PART II THE LEGAL THEORY OF THE
DUAL STATE CH. I. The Repudiation of Rational Natural Law by
National-Socialism CH. II. The National-Socialist Campaign Against
Natural Law CH. III. National-Socialism and Communal Natural Law
PART III THE LEGAL REALITY OF THE DUAL STATE CH. I. The Legal
History of the Dual State CH. II. The Economic Background of the
Dual State CH. III. The Sociology of the Dual State Abbreviations
Notes Appendix Table of Cases Index
General
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