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A History of Public Law in Germany 1914-1945 (Hardcover)
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A History of Public Law in Germany 1914-1945 (Hardcover)
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This history of the discipline of public law in Germany covers
three dramatic decades of the twentieth century. It opens with the
First World War, analyses the highly creative years of the Weimar
Republic, and recounts the decline of German public law that began
in 1933 and extended to the downfall of the Third Reich. The author
examines the dialectic of scholarship and politics against the
background of long-term developments in industrial societies, the
rise of the interventionist state, the shift of state law and
administrative law theory, and the emergence of new disciplines
(tax law, social law, labour law, business administration law).
Almost all the issues and questions that preoccupy state law and
administrative law theory at the dawn of the twenty-first century
were first pondered and debated during this period. Stolleis begins
by emphasizing the long farewell to the nineteenth century and then
moves on to examine the doctrine of state law and administrative
law during the First World War. The impact of the Weimar
Constitution and the of the Versailles Treaty on the discipline is
discussed. Here the famous 'quarrel of direction' that occurred in
the field of state law doctrine (1926-1929) played a central role.
But equally important was the development of state law and
administrative law theory (in both the Reich and its constituent
states), administrative doctrine, and the jurisprudence of
international law. Part two of the book is devoted to the impact of
National Socialism. The displacement of Jewish scholars, the change
of direction in the professional journals, and the shutdown of the
Association of State Law Teachers form one aspect of the story. The
other aspect is manifested in the erosion of public law and in the
growing sense of depression that gripped its practitioners. In the
end, it was not only state law that was destroyed by the Nazi
experience, but the scholarly discipline that went with it. The
author tackles questions about the co-responsibility of scholars
for the Holocaust, and the reasons fwhy academic teachers of public
law were all but absent in the opposition to the Nazi regime.
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