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Licensed Unlicensed Requires Authentication Published by University of California Press 2001

The Total State

From the book Weimar

  • Ernst Forsthoff
https://doi.org/10.1525/9780520929685-032
© 2019 University of California Press, Berkeley
From the book
Weimar
Weimar

Chapters in this book (47)

Frontmatter
Contents
Preface
Translation and Apparatus
Introduction. Constitutional Crisis The German and the American Experience
Prologue. The Shattering of Methods in Late Wilhelmine Germany
Introduction
On Legal Theory and Sociology
Constitutional Amendment and Constitutional Transformation
On the Borders between Legal and Sociological Method
Statute and Judgment
One. Hans Kelsen
Introduction
Legal Formalism and the Pure Theory of Law
On the Essence and Value of Democracy
Two. Hugo Preuss
Introduction
The Significance of the Democratic Republic for the Idea of Social Justice
Three. Gerhard Anschütz
Introduction
Three Guiding Principles of the Weimar Constitution
Four. Richard Thoma
Introduction
The Reich as a Democracy
Five. Heinrich Triepel
Introduction
Law of the State and Politics
Six. Erich Kaufmann
Introduction
On the Problem of the People’s Will
Seven. Rudolf Smend
Introduction
Constitution and Constitutional Law
Eight. Hermann Heller
Introduction
Political Democracy and Social Homogeneity
The Essence and Structure of the State
Nine. Carl Schmitt
Introduction
The Status Quo and the Peace
The Liberal Rule of Law
State Ethics and the Pluralist State
Epilogue. The Decline of Theory
Introduction
The Total State
Legal Community as National Community
The Constitution of Freedom
The Administration as Provider of Services
New Foundations of Administrative Law
Administration
Constitution
Form and Structure of the Reich
“Positions and Concepts”: A Debate with Carl Schmitt
Reich, Sphere of Influence, Great Power
Notes
Editors and Contributors
Copyright Acknowledgments
Index
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