This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.

This book examines the history of the German-Korean relationship from the late nineteenth to the twenty-first century, focusing on the nations’ varied encounters with each other during the last years of the Yi dynasty, the Japanese occupation of Korea, the Cold War, and the post-Cold War era. With essays from a range of internationally respected scholars, this collection moves between history, diplomacy, politics, education, migration, literature, cinema, and architecture to uncover historical and cultural intersections between Germany and Korea. Each nation has navigated the challenges of modernity in different ways, and yet traditional East-West dichotomies belie the deeper affinities between them. This book points to those affinities, focusing in particular on the past and present internal divisions that perhaps make Germany and Korea as similar as Germany and Japan.

“The West” is a central idea in German public discourse, yet historians know surprisingly little about the evolution of the concept. Contrary to common assumptions, this volume argues that the German concept of the West was not born in the twentieth century, but can be traced from a much earlier time. In the nineteenth century, “the West” became associated with notions of progress, liberty, civilization, and modernity. It signified the future through the opposition to antonyms such as “Russia” and “the East,” and was deployed as a tool for forging German identities. Examining the shifting meanings, political uses, and transnational circulations of the idea of “the West” sheds new light on German intellectual history from the post-Napoleonic era to the Cold War.

Civil Democracy Protection is an overview of attempts by organisations to oppose groups that are perceived to threaten democracy. The book traces the history of civil democracy protection actors from the establishment of democratic constitutional states up to the present day and develops a set of systematic and comparative approaches. The central question it explores is: What significance do civil actors have for the establishment and consolidation of democratic constitutional states, especially in relation to the protection of democracy by state institutions? The volume includes contributions from historians and social scientists, who combine idiographic approaches that focus on the specifics of individual cases with nomothetic approaches that aim to provide generalisable insights, incorporating historical experiences from various European countries and the USA in the 20th and early 21st century. This book will be of interest to scholars of democracy protection, civil society, consolidation of democracy, and anti- extremism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 International license.

Discusses the judicial role in constitutional authoritarianism in the context of Korea's political and constitutional transitions.

An intellectual and cultural history of mid-twentieth century plans for European integration, this book calls into question the usual pre- and post-war periodizations that have structured approaches to twentieth-century European history. It focuses not simply on the ideas of leading politicians but analyses debates about Europe in “civil society” and the party-political sphere in Germany, asking if, and how, a “permissive consensus” was formed around the issue of integration. Taking Germany as its case study, the book offers context to the post-war debates, analysing the continuities that existed between interwar and post-war plans for European integration. It draws attention to the abiding scepticism of democracy displayed by many advocates of integration, indeed suggesting that groups across the ideological spectrum converged around support for European integration as a way of constraining the practice of democracy within nation-states.

Ideocracies, or ideological dictatorships, such as the "Third Reich", the Soviet Union and the People’s Republic of China have, much more than any other kinds of autocracy, characterized the history of the 20th century. Despite their undeniable loss of significance, ideocracies have not disappeared from the world in the 21st century. This book explores the functioning of ideocracies and analyses the typical interplay of legitimation, co-optation and repression which autocratic elites use in an attempt to stabilize their rule. In the first part of the book, the contributors discuss the conceptual history of the ideocracy notion. The second part offers case studies pertaining to the Soviet State, Italy, the National Socialist Regime, the German Democratic Republic, the People’s Republic of China, North Korea and Cuba. Finally, the third part compares various ideocracies and draws together key themes. Uniting the perspectives of history, philosophy and political science through the use of case studies and systematic comparisons, this book offers a unique examination of ideocracies both past and present which will be of interest to students and scholars researching political regimes, political history and comparative politics, as well as other disciplines.

"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--

Der »spatial turn« in der deutschen Geschichte. Die deutsche Geschichtsschreibung hat in den letzten Jahrzehnten einen spezifischen »spatial turn« erfahren. Insbesondere haben Historikerinnen und Historiker dabei die Funktion von Rassenideologie und (»Lebens«-)Raum im Zusammenhang mit dem Zweiten Weltkrieg analysiert. Später geriet auch die Nachkriegszeit in den Fokus, in der auch die Ideologien und Logiken des Kalten Kriegs in den Blick rückten. Die Beiträgerinnen und Beiträger des Bandes vereinen die Themen Raum, Ort, Grenzen, Landschaften, Territorialisierung, Umweltgeschichte und Stadtgeschichte. So arbeiten sie heraus, wie die verschiedenen Weltanschauungen und Ideen in der Moderne Deutschland geformt und umgeformt haben.