Franz Neumann On The Rule Of Law And Capitalism

Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

A labor lawyer and publicist of weight in the Weimar Republic, Franz Neumann devoted his 21-year exile, after 1933, to understanding the failure of arrangements supposed to be in the line of social progress. He sought to delineate a new conception of democracy as a vehicle of social change. A remarkably effective teacher in the last years of his life, Neumann was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking. Learning from Franz L. Neumann examines Neumann’s social and political theory in the context of his career as a practitioner, learner and teacher

William E. Scheuerman is the author of "Between the Norm and the Exception: The Frankfurt School and the Rule of Law".

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.

Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.

The State of the Political challenges traditional interpretations of the political thought of Max Weber, Carl Schmitt, and Franz Neumann. Focusing on their adaptation of a German tradition of state-legal theory, the book offers a scholarly, contextualized account of the interrelationship between their political thought and practical political criticism. Dr Kelly criticizes the typical separation of these writers, and offers a substantial reinterpretation of modern German political thought in a period of profound transition, in particular the relationship between political theory and conceptual change. Alongside its focus on German political and juridical thought, the book contributes significantly to the history of European ideas, discussing parliamentarism and democracy, academic freedom and cultural criticism, political economy, patriotism, sovereignty and rationality, and the inter-relationships between law, the constitution and political representation.