The philosopher of religion and critic of idealism, Ludwig Feuerbach had a far-reaching impact on German radicalism around the time of the Revolution of 1848. This intellectual history explores how Feuerbach's critique of religion served as a rallying point for radicals, and how they paradoxically sought to create a new, post-religious form of religiosity as part of the revolutionary aim. At issue for the Feuerbachian radicals was the emergence of a humanity emancipated from the constraints of mere institutions, able to express itself freely and harmoniously. Caldwell also touches on Moses Hess, Louise Dittmar, and Richard Wagner in his discussion of the time. This book reconstructs the nature of Feuerbach's radicalism and shows how it influenced early works of socialism, feminism, and musical modernism.

The Weimar Moment's evocative assault on closure and political reaction, its offering of democracy against the politics of narrow self-interest cloaked in nationalist appeals to Volk and "community"-or, as would be the case in Nazi Germany, "race"-cannot but appeal to us today. This appeal-its historical grounding and content, its complexities and tensions, its variegated expressions across the networks of power and thought-is the essential context of the present volume, whose basic premise is unhappiness with Hegel's remark that we learn no more from history than we cannot learn from it. The challenge of the papers in this volume is to provide the material to confront the present effectively drawing from what we can and do understand.

Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar's political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today's Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory. Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.

Democracy, Capitalism, and the Welfare State investigates political thought under the conditions of the postwar welfare state, focusing on the Federal Republic of Germany (1949-1989). The volume argues that the welfare state informed and altered basic questions of democracy and its relationship to capitalism. These questions were especially important for West Germany, given its recent experience with the collapse of capitalism, the disintegration of democracy, and National Socialist dictatorship after 1930. Three central issues emerged. First, the development of a nearly all-embracing set of social services and payments recast the problem of how social groups and interests related to the state, as state agencies and affected groups generated their own clientele, their own advocacy groups, and their own expert information. Second, the welfare state blurred the line between state and society that is constitutive of basic rights and the classic world of liberal freedom; rights became claims on the state, and social groups became integral parts of state administration. Third, the welfare state potentially reshaped the individual citizen, who became wrapped up with mandatory social insurance systems, provisioning of money and services related to social needs, and the regulation of everyday life. Peter C. Caldwell describes how West German experts sought to make sense of this vast array of state programs, expenditures, and bureaucracies aimed at solving social problems. Coming from backgrounds in politics, economics, law, social policy, sociology, and philosophy, they sought to conceptualize their state, which was now social (one German word for the welfare state is indeed Sozialstaat), and their society, which was permeated by state policies.

The introduction of state planning and party dictatorship dramatically altered the environment for social theory in the German Democratic Republic. But social thought did not disappear. By the mid-1950s, East German social theorists discovered the basic contradictions of state socialism that would eventually lead to its collapse: the inability of the plan to function without markets and its inability to permit markets; the inability of the party-state to guarantee the rule of law and yet also the need for a regular system of rules in a modern industrial society; and the contradictory philosophical claims of a Marxist-Leninist philosophy that rejected idealism, and Marxist-Leninist dogma with its idealistic claim to know the laws of social modernization. Making use of newly-available archival sources, Caldwell examines the articulation of these analyses, their subsequent suppression by party authorities in the late 1950s, and their return under the guise of cybernetics in the 1960s.

German jurist and legal theorist Carl Schmitt (1888-1985) significantly influenced Western political and legal thinking in the last century, yet his life and work have also stirred considerable controversy. While his ideas have been used and diffused by prominent philosophers on both the left and the right, such as Jurgen Habermas and Leo Strauss, his Nazi-era past, especially his active efforts to remove Jewish influence from German law, has cast a cloud over his life and oeuvre. Still, his many supporters have generally been successful in claiming that Schmitt's was an ""antisemitism of opportunity,"" a temporary affectation to gain favor with the Nazis. In ""Carl Schmitt and the Jews"", available in English for the first time, historian Raphael Gross vigorously repudiates this ""opportunism thesis."" Through a reading of Schmitt's corpus, some of which became available only after his death, Gross highlights the importance of the ""Jewish Question"" on the breadth of Schmitt's work. According to Gross, Schmitt's antisemitism was at the core of his work - before, during, and after the Nazi era. His influential polarities of ""friend and foe,"" ""law and nomos,"" ""behemoth and Leviathan,"" and ""ketechon and Antichrist"" emerge from a conceptual template in which ""the Jew"" is defined as adversary, undermining the Christian order with secularization. The presence of this template at the heart of Schmitt's work, Gross contends, calls for a major reassessment of Schmitt's role within contemporary cultural and legal theory.

The philosopher of religion and critic of idealism, Ludwig Feuerbach had a far-reaching impact on German radicalism around the time of the Revolution of 1848. This intellectual history explores how Feuerbach s critique of religion served as a rallying point for radicals, and how they paradoxically sought to create a new, post-religious form of religiosity as part of the revolutionary aim. At issue for the Feuerbachian radicals was the emergence of a humanity emancipated from the constraints of mere institutions, able to express itself freely and harmoniously. Caldwell also touches on Moses Hess, Louise Dittmar, and Richard Wagner in his discussion of the time. Thisbook reconstructs the nature of Feuerbach s radicalism and shows how it influenced early works of socialism, feminism, and musical modernism.

This book examines how communist East Germany functioned according to the views of its leading experts in law, economics, philosophy, and cybernetics. The state-socialist countries aimed for post-capitalist modernization, which they hoped to achieve through dictatorship. The lessons of this failed combination of dictatorship and social transformation remain relevant today. Going beyond the research of many works on the social theory of modernization, this book reveals how East German theorists prevailed under Stalinism.