First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume's editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic 'failure' of Weimar democracy in 1933.

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume's editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic 'failure' of Weimar democracy in 1933.

Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. Punishment and Social Structure originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state.The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of Punishment and Social Structure are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. Punishment and Social Structure is a pioneering work that sets a paradigm for the study of crime and punishment.

Why are certain methods of punishment adopted or rejected in a given social situation? To what extent is the development of penal methods determined by basic social relations? The answers to these questions are complex, and go well beyond the thesis that institutionalized punishment is simply for the protection of society. While today's punishment of offenders often incorporates aspects of psychology, psychiatry, and sociology, at one time there was a more pronounced difference in criminal punishment based on class and economics. "Punishment and Social Structure" originated from an article written by Georg Rusche in 1933 entitled "Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice." Originally published in Germany by the Frankfurt Institute of Social Research, this article became the germ of a theory of criminology that laid the groundwork for all subsequent research in this area. Rusche and Kirchheimer look at crime from an historical perspective, and correlate methods of punishment with both temporal cultural values and economic conditions. The authors classify the history of crime into three primary eras: the early Middle Ages, in which penance and fines were the predominant modes of punishment; the later Middle Ages, in which harsh corporal punishment and capital punishment moved to the forefront; and the seventeenth century, in which the prison system was more fully developed. They also discuss more recent forms of penal practice, most notably under the constraints of a fascist state. The majority of the book was translated from German into English, and then reshaped by Rusche's co-author, Otto Kirchheimer, with whom Rusche actually had little discussion. While the main body of "Punishment and Social Structure" are Rusche's ideas, Kirchheimer was responsible for bringing the book more up-to-date to include the Nazi and fascist era. "Punishment and Social Structure" is a pioneering work that sets a paradigm for the study of crime and punishment.

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 between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology. Originally published in 1961. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

During the Second World War, three prominent members of the Frankfurt School--Franz Neumann, Herbert Marcuse, and Otto Kirchheimer--worked as intelligence analysts for the Office of Strategic Services, the wartime forerunner of the CIA. This book brings together their most important intelligence reports on Nazi Germany, most of them published here for the first time.

These reports provide a fresh perspective on Hitler's regime and the Second World War, and a fascinating window on Frankfurt School critical theory. They develop a detailed analysis of Nazism as a social and economic system and the role of anti-Semitism in Nazism, as well as a coherent plan for the reconstruction of postwar Germany as a democratic political system with a socialist economy. These reports played a significant role in the development of postwar Allied policy, including denazification and the preparation of the Nuremberg Trials. They also reveal how wartime intelligence analysis shaped the intellectual agendas of these three important German-Jewish scholars who fled Nazi persecution prior to the war.

"Secret Reports on Nazi Germany" features a foreword by Raymond Geuss as well as a comprehensive general introduction by Raffaele Laudani that puts these writings in historical and intellectual context.

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 between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology. Originally published in 1961. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

As compared to nineteenth-century practice and doctrine, political asylum has undergone considerable change. It is no longer a peripheral issue, of im- portance only to the political combatant persevering abroad in the fight against the rulers of his horne country. Mass migrations, originating in wide- range political upheavals and multiplied by totalitarian persecution, have made asylum supplicants out of millions of people not actively engaged in politics. In the course of the past decades the job of sheltering and assimilating these masses frequently overtaxed the social, economic and administrative facilities of many a non-totalitarian country, making even democratic governments shy away from consistently applying the principleofunlimited asylum. This has added vital importance to the protection of exiles from being turned over to their persecutors. At a time when belonging to a specific social group, or being suspected of non-conformist leanings, turns the innocent bystander into a target of ruthless persecution, making hirn run for his life, narrow definitions of non- extraditable political offenses are apt to jeopardize the safety and the lives of many. Nineteenth-century legal doctrines, which stipulated a means-end relationship between incriminated actions and political objectives aimed at, have outlived their usefulness even to those governments whom in the oIden days they may have shielded from individual terror acts.

This is a new release of the original 1943 edition.

Printed For The Use Of The Special Committee To Study Problems Of American Small Business.

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Printed For The Use Of The Special Committee To Study Problems Of American Small Business.

Printed For The Use Of The Special Committee To Study Problems Of American Small Business.

Published by the United States Senate Special Committee to Study Problems of American Small Business in 1943, the preface opens with: "One of the secrets of fighting an effective war is knowing the enemy, how he operates, and what are his aims. Yet, although we have been officially at war with Hitler's germany for more than a year, there is still an insufficient understanding among the American people of the relationship between National Socialism and the cause of independent small business enterprise. "This study establishes two points that, in my opinion, deserve the closest attention of thoughtful Americans. "First, it shows that despite their wild promises to small business, the Nazis have systematically proceeded to destroy small business. Often it is done directly by forcing smaller concerns to close down. Still more often it is done by undermining the independence of smaller concerns; that is, by making them completely subservient to a giant cartel, a prime contractor, or the Third Reich itself. ... "Moreover, the study lays bare the fact that the neglect of small business by the pre-Hitler Government assisted Hitler in his rise to power. ..." Claude Pepper Member, Special Committee to Study Problems of American Small Business United States Senate