The Dual State

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.

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.

This volume presents a practical demonstration of the relevance of Carl Schmitt's thought to parapolitical studies, arguing that his constitutional theory is the one best suited to investing the ’deep state’ with intellectual and doctrinal coherence. Critiquing Schmitt’s work from a variety of intellectual perspectives, the chapters discuss current parapolitical reality within the domain of criminology, the parapolitical nature of both the dual state and the national security state corporate complex. Using the USA as a prime example of the world’s current dual or ’deep political state’, the criminogenic dimensions of the parapolitical systems of post 9/11 America are discussed. Using case studies, the dual state is examined as the causal factor of inexplicable parapolitical events within both the developed and developing world, including Sweden, Canada, Italy, Turkey, and Africa.

The view that Russia has taken a decisive shift towards authoritarianism may be premature, but there is no doubt that its democracy is in crisis. In this original and dynamic analysis of the fundamental processes shaping contemporary Russian politics, Richard Sakwa applies a new model based on the concept of Russia as a dual state. Russia's constitutional state is challenged by an administrative regime that subverts the rule of law and genuine electoral competitiveness. This has created a situation of permanent stalemate: the country is unable to move towards genuine pluralist democracy but, equally, its shift towards full-scale authoritarianism is inhibited. Sakwa argues that the dual state could be transcended either by strengthening the democratic state or by the consolidation of the arbitrary power of the administrative system. The future of the country remains open.

This book breaks new intellectual ground in the analysis of the German welfare state. Bleses and Seeleib-Kaiser argue that we are witnessing a dual transformation of the welfare state, which is caused by the emergence of new dominating interpretative patterns. Increasingly, the state reduces its social policy commitments towards securing the achieved living standard of former wage earners, which in the past had been the key normative principle of social policy in Germany, while at the same time public support and services for families are expanded.

This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.

Based on rich oral histories, this is an engaging study of citizenship construction and practice in Liberia, Africa's first black republic.

The prerogative state -- The limits of the prerogative state -- The normative state -- The repudiation of rational natural law by national-socialism -- The national-socialist campaign against natural law -- National-socialism and communal natural law -- The legal history of the dual state -- The economic background of the dual state.