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The Dual State, first published in 1941, remains one of the most
erudite books on the logic of dictatorship. It was the first
comprehensive analysis of the rise and nature of National Socialism
and the only such analysis written from within Hitler's Germany.
Ernst Fraenkel's courageous ethnography of law was widely acclaimed
upon publication, and it has influenced considerably postwar
debates about the nature of the Third Reich. But The Dual State
also has relevance for the study of dictatorship in the
twenty-first century. Fraenkel's innovative concept of the dual
state, with its two halvesthe normative state (which generally
respects its own laws and regulations) and the prerogative state
(which violates them wantonly) illuminates powerfully the
complicated relationship between law and order in many countries
around the world. It speaks directly to the idea of an
authoritarian rule of law. This republication of Fraenkel's classic
makes it once again available to scholars and students in law, the
social sciences, and the humanities. It includes Fraenkel's 1974
preface to and two appendices from the first German editionnever
before published in English. An extensive introduction by Jens
Meierhenrich places Fraenkel's ethnography of law in historical and
theoretical context.
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