İki Devlet-Diktatörlük Teorisine Bir Katkı

“Even if he punishes them or avoids them, he has to look at people humanely, as in Goethe's poem. "His words have no echo in national socialist Germany."

-Ernst Fraenkel

On the one hand, it is a norm state that complies with its own laws and rules - at least "by the book". On the other hand, it is a precautionary state that governs with arbitrary decisions made according to political necessities and does not consider itself bound by any norms. A dual state is a regime in which these two systems exist side by side. In part, one can talk about a kind of division of labor in which a certain area is under the rule of the norm or measure state. But they often get in each other's way and compete; In other words, it is not clear which face of the state will show itself when. An “order” that, in total, undoubtedly increases uncertainty and weakens the remaining safeguards of the citizenry – especially considering that the real power ultimately lies with the precautionary state…

Ernst Fraenkel briefly analyzes the legal character of the national socialist state within such a framework. In the background of the analysis, there is a radical criticism of Carl Schmitt's political and legal philosophy. In this context, Fraenkel focuses on the concept of natural law; He also makes a historical comparison of the Anglo-Saxon and German legal traditions in terms of their understanding of the state and freedom.

A work that has gained classic value in the research of totalitarianism, authoritarianism and fascism.

(From the Promotional Bulletin)

Dough Type: 2nd Dough

Number of Pages: 320

Size: 13 x 19.5

First Print Year: 2020

Number of Printings: 1st Edition

Language Turkish