Duncan Kelly
- Published in print:
- 2003
- Published Online:
- January 2012
- ISBN:
- 9780197262870
- eISBN:
- 9780191734892
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262870.003.0005
- Subject:
- Political Science, Political Theory
This chapter discusses the thought of Franz Neumann, up to and including the publication of his famous work Behemoth in 1942. It shows how Neumann's legal and constitutional ideas developed largely ...
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This chapter discusses the thought of Franz Neumann, up to and including the publication of his famous work Behemoth in 1942. It shows how Neumann's legal and constitutional ideas developed largely from Schmitt's terms of reference, and how his account of rationality and the modern state drew upon Weber. This cross-fertilization of conceptual ideas, coupled with his own political sympathy for a socialist state under a fully democratized Weimar Constitution, offers an intriguing context within which to explore his route to Behemoth. This chapter also presents a detailed assessment of his analysis of National Socialism.Less
This chapter discusses the thought of Franz Neumann, up to and including the publication of his famous work Behemoth in 1942. It shows how Neumann's legal and constitutional ideas developed largely from Schmitt's terms of reference, and how his account of rationality and the modern state drew upon Weber. This cross-fertilization of conceptual ideas, coupled with his own political sympathy for a socialist state under a fully democratized Weimar Constitution, offers an intriguing context within which to explore his route to Behemoth. This chapter also presents a detailed assessment of his analysis of National Socialism.
Duncan Kelly
- Published in print:
- 2003
- Published Online:
- January 2012
- ISBN:
- 9780197262870
- eISBN:
- 9780191734892
- Item type:
- book
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262870.001.0001
- Subject:
- Political Science, Political Theory
This book offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It ...
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This book offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It rejects the typical separation of these writers on the basis of their allegedly incompatible ideological positions, and suggests instead that once properly located in their historical context, the tendentious character of these interpretative boundaries becomes clear. The book interprets the conceptions of politics and the state in the writings of these three thinkers by means of an investigation of their adaptation and modification of particular German traditions of thinking about the state, or Staatsrechtslehre. Indeed, when the theoretical considerations of this state-legal theory are combined with their contemporary political criticism, a richer and more deeply textured account of the issues that engaged the attention of Weber, Schmitt and Neumann is possible. Thus, the broad range of subjects discussed in this book include parliamentarism and democracy in Germany, academic freedom and political economy, political representation, cultural criticism and patriotism, and the relationship between rationality, law, sovereignty and the constitution. The study attempts to restore a sense of proportion to the discussion of the three authors' writings, focusing on the extensive ideas that they shared rather than insisting on their necessary ideological separation. It is a detailed re-appraisal of a crucial moment in modern intellectual history, and highlights the profound importance of Max Weber, Carl Schmitt and Franz Neumann for the history of European ideas.Less
This book offers a broad-ranging re-interpretation of the understanding of politics and the state in the writings of three major German thinkers, Max Weber, Carl Schmitt, and Franz Neumann. It rejects the typical separation of these writers on the basis of their allegedly incompatible ideological positions, and suggests instead that once properly located in their historical context, the tendentious character of these interpretative boundaries becomes clear. The book interprets the conceptions of politics and the state in the writings of these three thinkers by means of an investigation of their adaptation and modification of particular German traditions of thinking about the state, or Staatsrechtslehre. Indeed, when the theoretical considerations of this state-legal theory are combined with their contemporary political criticism, a richer and more deeply textured account of the issues that engaged the attention of Weber, Schmitt and Neumann is possible. Thus, the broad range of subjects discussed in this book include parliamentarism and democracy in Germany, academic freedom and political economy, political representation, cultural criticism and patriotism, and the relationship between rationality, law, sovereignty and the constitution. The study attempts to restore a sense of proportion to the discussion of the three authors' writings, focusing on the extensive ideas that they shared rather than insisting on their necessary ideological separation. It is a detailed re-appraisal of a crucial moment in modern intellectual history, and highlights the profound importance of Max Weber, Carl Schmitt and Franz Neumann for the history of European ideas.
Wayne Norman
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780198293354
- eISBN:
- 9780191604126
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198293356.003.0003
- Subject:
- Political Science, Political Theory
It is not possible for every community that considers itself to be a nation to have a state of its own. This is not even the preferred option for most national minorities themselves. Rather, most ...
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It is not possible for every community that considers itself to be a nation to have a state of its own. This is not even the preferred option for most national minorities themselves. Rather, most seek autonomy and freedom to carry out nation-building projects within a federal state. This chapter introduces the potential federalist solution to the problems of multinational states. It considers the history of political philosophizing about federalism, particularly whether the neglect and even rejection of federalism by liberal theorists throughout much of the 20th century was justified.Less
It is not possible for every community that considers itself to be a nation to have a state of its own. This is not even the preferred option for most national minorities themselves. Rather, most seek autonomy and freedom to carry out nation-building projects within a federal state. This chapter introduces the potential federalist solution to the problems of multinational states. It considers the history of political philosophizing about federalism, particularly whether the neglect and even rejection of federalism by liberal theorists throughout much of the 20th century was justified.
Duncan Kelly
- Published in print:
- 2003
- Published Online:
- January 2012
- ISBN:
- 9780197262870
- eISBN:
- 9780191734892
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262870.003.0001
- Subject:
- Political Science, Political Theory
This is a book about how conceptions of the modern state, politics and the political were understood, developed and modified by Max Weber (1864–1920), Carl Schmitt (1888–1985) and Franz Neumann ...
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This is a book about how conceptions of the modern state, politics and the political were understood, developed and modified by Max Weber (1864–1920), Carl Schmitt (1888–1985) and Franz Neumann (1900–1954) during the period 1890 to 1945 in Germany. It is an attempt to outline their criticisms and modifications of a broad, peculiarly German tradition of Staatsrechtslehre, or state-legal theorizing. The predominantly legalistic nature of this type of thinking forms both the background to, and the bases of, the understandings of the modern state and politics found in their writings. Yet, all three writers argued that such thinking could not adequately adapt to the problems raised by an era of mass-based politics. Tracing the reasoning behind their movement away from this broad tradition of Staatsrechtslehre therefore provides an overarching context for this work.Less
This is a book about how conceptions of the modern state, politics and the political were understood, developed and modified by Max Weber (1864–1920), Carl Schmitt (1888–1985) and Franz Neumann (1900–1954) during the period 1890 to 1945 in Germany. It is an attempt to outline their criticisms and modifications of a broad, peculiarly German tradition of Staatsrechtslehre, or state-legal theorizing. The predominantly legalistic nature of this type of thinking forms both the background to, and the bases of, the understandings of the modern state and politics found in their writings. Yet, all three writers argued that such thinking could not adequately adapt to the problems raised by an era of mass-based politics. Tracing the reasoning behind their movement away from this broad tradition of Staatsrechtslehre therefore provides an overarching context for this work.
Franz Neumann, Herbert Marcuse, Otto Kircheimer, and Raymond Geuss
Raffaele Laudani (ed.)
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691134130
- eISBN:
- 9781400846467
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691134130.003.0001
- Subject:
- History, Military History
This introduction discusses the Frankfurt School's contribution to the United States' World War II effort. In particular, it examines the role played by three German scholars and prominent members of ...
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This introduction discusses the Frankfurt School's contribution to the United States' World War II effort. In particular, it examines the role played by three German scholars and prominent members of the Frankfurt School: Franz Neumann, Herbert Marcuse, and Otto Kirchheimer. As political analysts at the Research and Analysis Branch of the Office of Strategic Services (OSS), the first American intelligence agency, Neumann, Marcuse, and Kirchheimer prepared intelligence reports on Nazi Germany. The chapter considers how, by adapting Critical Theory to the American cultural and bureaucratic machine, the Frankfurt group was rapidly able to impose their own “intellectual guidance” on the Central European Section, a Research and Analysis Branch subdivision charged with analyzing and studying Nazi Germany (as well as Austria and the other Central European countries).Less
This introduction discusses the Frankfurt School's contribution to the United States' World War II effort. In particular, it examines the role played by three German scholars and prominent members of the Frankfurt School: Franz Neumann, Herbert Marcuse, and Otto Kirchheimer. As political analysts at the Research and Analysis Branch of the Office of Strategic Services (OSS), the first American intelligence agency, Neumann, Marcuse, and Kirchheimer prepared intelligence reports on Nazi Germany. The chapter considers how, by adapting Critical Theory to the American cultural and bureaucratic machine, the Frankfurt group was rapidly able to impose their own “intellectual guidance” on the Central European Section, a Research and Analysis Branch subdivision charged with analyzing and studying Nazi Germany (as well as Austria and the other Central European countries).
Franz Neumann, Herbert Marcuse, and Otto Kirchheimer
Raffaele Laudani (ed.)
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691134130
- eISBN:
- 9781400846467
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691134130.001.0001
- Subject:
- History, Military History
During World War II, three prominent members of the Frankfurt School—Franz Neumann, Herbert Marcuse, and Otto Kirchheimer—worked as intelligence analysts for the Office of Strategic Services, the ...
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During World War II, three prominent members of the Frankfurt School—Franz Neumann, Herbert Marcuse, and Otto Kirchheimer—worked as intelligence analysts for the Office of Strategic Services, the wartime forerunner of the CIA. This book brings together their most important intelligence reports on Nazi Germany, most of them published here for the first time. These reports provide a fresh perspective on Adolf Hitler's regime and the Second World War, and a fascinating window on Frankfurt School critical theory. They develop a detailed analysis of Nazism as a social and economic system and the role of anti-Semitism in Nazism, as well as a coherent plan for the reconstruction of postwar Germany as a democratic political system with a socialist economy. These reports played a significant role in the development of postwar Allied policy, including denazification and the preparation of the Nuremberg Trials. They also reveal how wartime intelligence analysis shaped the intellectual agendas of these three important German–Jewish scholars who fled Nazi persecution prior to the war. The book features a foreword and a comprehensive general introduction that puts these writings in historical and intellectual context.Less
During World War II, three prominent members of the Frankfurt School—Franz Neumann, Herbert Marcuse, and Otto Kirchheimer—worked as intelligence analysts for the Office of Strategic Services, the wartime forerunner of the CIA. This book brings together their most important intelligence reports on Nazi Germany, most of them published here for the first time. These reports provide a fresh perspective on Adolf Hitler's regime and the Second World War, and a fascinating window on Frankfurt School critical theory. They develop a detailed analysis of Nazism as a social and economic system and the role of anti-Semitism in Nazism, as well as a coherent plan for the reconstruction of postwar Germany as a democratic political system with a socialist economy. These reports played a significant role in the development of postwar Allied policy, including denazification and the preparation of the Nuremberg Trials. They also reveal how wartime intelligence analysis shaped the intellectual agendas of these three important German–Jewish scholars who fled Nazi persecution prior to the war. The book features a foreword and a comprehensive general introduction that puts these writings in historical and intellectual context.
Jens Meierhenrich
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198814412
- eISBN:
- 9780191851964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198814412.003.0002
- Subject:
- Law, Legal History
Few issues in the historiography of the “Third Reich” have provoked as much acrimony in the academy as the debate over the nature of the Nazi state. To enable readers to appreciate Fraenkel’s ...
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Few issues in the historiography of the “Third Reich” have provoked as much acrimony in the academy as the debate over the nature of the Nazi state. To enable readers to appreciate Fraenkel’s contribution to this debate, this chapter provides a critical review of contending theories of the Nazi state, with particular reference to Franz Neumann’s Behemoth, first published in 1942, and in an enlarged edition in 1944, which has inspired much scholarship on the racial state. The rise of Behemoth corresponded directly with the decline of The Dual State in the final war and early postwar years. Neumann’s Behemoth, which has never gone out of print, exemplifies major shortcomings—theoretical, empirical, methodological—in early studies of Nazi rule. I argue that it gave rise in the 1950s and 1960s to an intellectual trajectory in scholarship on the Third Reich that has done a fair amount to obscure—rather than illuminate—the logic of Nazi dictatorship, including law’s role in it.Less
Few issues in the historiography of the “Third Reich” have provoked as much acrimony in the academy as the debate over the nature of the Nazi state. To enable readers to appreciate Fraenkel’s contribution to this debate, this chapter provides a critical review of contending theories of the Nazi state, with particular reference to Franz Neumann’s Behemoth, first published in 1942, and in an enlarged edition in 1944, which has inspired much scholarship on the racial state. The rise of Behemoth corresponded directly with the decline of The Dual State in the final war and early postwar years. Neumann’s Behemoth, which has never gone out of print, exemplifies major shortcomings—theoretical, empirical, methodological—in early studies of Nazi rule. I argue that it gave rise in the 1950s and 1960s to an intellectual trajectory in scholarship on the Third Reich that has done a fair amount to obscure—rather than illuminate—the logic of Nazi dictatorship, including law’s role in it.
Duncan Kelly
- Published in print:
- 2003
- Published Online:
- January 2012
- ISBN:
- 9780197262870
- eISBN:
- 9780191734892
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197262870.003.0006
- Subject:
- Political Science, Political Theory
This chapter binds the book together, recapitulating its general argument, and offering pointers as to how the study relates to some contemporary questions of political theory. It suggests that a ...
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This chapter binds the book together, recapitulating its general argument, and offering pointers as to how the study relates to some contemporary questions of political theory. It suggests that a classification that distinguishes between Weber the ‘liberal’, Schmitt the ‘conservative’ and Neumann the ‘social democrat’, cannot provide an adequate understanding of this episode in the history of political thought. Nor indeed can it do so for other periods. In this book, one part of the development of their ideas has focused on the relationship between state and politics. By learning from their examples, people continue their own search for an acceptable balance between the freedom of the individual and the claims of the political community.Less
This chapter binds the book together, recapitulating its general argument, and offering pointers as to how the study relates to some contemporary questions of political theory. It suggests that a classification that distinguishes between Weber the ‘liberal’, Schmitt the ‘conservative’ and Neumann the ‘social democrat’, cannot provide an adequate understanding of this episode in the history of political thought. Nor indeed can it do so for other periods. In this book, one part of the development of their ideas has focused on the relationship between state and politics. By learning from their examples, people continue their own search for an acceptable balance between the freedom of the individual and the claims of the political community.
Michael Salter
- Published in print:
- 2000
- Published Online:
- June 2013
- ISBN:
- 9780853239659
- eISBN:
- 9781846314087
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9780853239659.003.0011
- Subject:
- Political Science, Political Theory
This chapter contains an essay by Michael Salter that discusses the new-found interest in the significance of the work of Franz Neuman and his group of research analysts regarding the Nuremberg ...
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This chapter contains an essay by Michael Salter that discusses the new-found interest in the significance of the work of Franz Neuman and his group of research analysts regarding the Nuremberg Trials. It outlines the hurdles that the present study presents to the claims that Neumann's group of research analysts failed to carry out their official and moral responsibilities to the prosecution's preparation, which resulted in the undermined place which the Holocaust took within the case of the prosecution. The essay also analyses Neumann's theory on anti-semitism and his assumptions, concluding with a lesson: Neumann's activism and issues led to the notion that theories are not about theories, but rather a continuous process which moulds underlying processes and relationships.Less
This chapter contains an essay by Michael Salter that discusses the new-found interest in the significance of the work of Franz Neuman and his group of research analysts regarding the Nuremberg Trials. It outlines the hurdles that the present study presents to the claims that Neumann's group of research analysts failed to carry out their official and moral responsibilities to the prosecution's preparation, which resulted in the undermined place which the Holocaust took within the case of the prosecution. The essay also analyses Neumann's theory on anti-semitism and his assumptions, concluding with a lesson: Neumann's activism and issues led to the notion that theories are not about theories, but rather a continuous process which moulds underlying processes and relationships.
Amy Bartholomew
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199781577
- eISBN:
- 9780199932887
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199781577.003.0004
- Subject:
- Political Science, International Relations and Politics
Amy Bartholomew argues the ‘global war on terror’ has generated rightlessness but not lawlessness. Rule by law threatens to produce a constitutive undoing of the post World War II international legal ...
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Amy Bartholomew argues the ‘global war on terror’ has generated rightlessness but not lawlessness. Rule by law threatens to produce a constitutive undoing of the post World War II international legal architecture, or ‘law’s empire’. The current threat to human rights and the future of legality may be understood as ‘empire’s law,’ a development that arms neoliberal globalization with a neoconservative political order of global rule by an American empire. To analyze these developments a critical analysis of international law that can conceptualize the universalist core of legitimate legality which authors like Franz Neumann and, above all, Jürgen Habermas provide is necessary. Both ‘egalitarian universalism’ as key to legality’s internal legitimacy and democratic legitimation as a necessary but still far off condition for external legitimacy are important ideas to further develop in our political theory of legitimate legality and to defend in our struggles to resist empire’s law, a form of rule that threatens humanity’s future.Less
Amy Bartholomew argues the ‘global war on terror’ has generated rightlessness but not lawlessness. Rule by law threatens to produce a constitutive undoing of the post World War II international legal architecture, or ‘law’s empire’. The current threat to human rights and the future of legality may be understood as ‘empire’s law,’ a development that arms neoliberal globalization with a neoconservative political order of global rule by an American empire. To analyze these developments a critical analysis of international law that can conceptualize the universalist core of legitimate legality which authors like Franz Neumann and, above all, Jürgen Habermas provide is necessary. Both ‘egalitarian universalism’ as key to legality’s internal legitimacy and democratic legitimation as a necessary but still far off condition for external legitimacy are important ideas to further develop in our political theory of legitimate legality and to defend in our struggles to resist empire’s law, a form of rule that threatens humanity’s future.
Roger Cotterrell
- Published in print:
- 1997
- Published Online:
- March 2012
- ISBN:
- 9780198264903
- eISBN:
- 9780191682858
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198264903.003.0008
- Subject:
- Law, Philosophy of Law
The theme of historical transformations of legal rationality can be further developed through an examination of the changing social foundations of the idea of the Rule of Law, illuminated by Franz ...
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The theme of historical transformations of legal rationality can be further developed through an examination of the changing social foundations of the idea of the Rule of Law, illuminated by Franz Neumann and Otto Kirchheimer. Neumann's view that the Rule of Law reconciles, in specific historical conditions, the contradictory elements of law as sovereign power or will (voluntas)and as reason or principle (ratio) is important to the arguments in Part III of this book. The idea of the Rule of Law recognises centralised political power as the immediate origin of modern law while emphasising certain values that may be asserted against government. But what does that formulation entail in contemporary conditions? Historical evidence suggests why an appropriate reconciliation of ratio and voluntas may be hard to maintain. This chapter discusses the legal invisibility of change, the Rule of Law of competitive society, the ‘England problem’ and the Rule of Law, and the experience of Weimar Germany.Less
The theme of historical transformations of legal rationality can be further developed through an examination of the changing social foundations of the idea of the Rule of Law, illuminated by Franz Neumann and Otto Kirchheimer. Neumann's view that the Rule of Law reconciles, in specific historical conditions, the contradictory elements of law as sovereign power or will (voluntas)and as reason or principle (ratio) is important to the arguments in Part III of this book. The idea of the Rule of Law recognises centralised political power as the immediate origin of modern law while emphasising certain values that may be asserted against government. But what does that formulation entail in contemporary conditions? Historical evidence suggests why an appropriate reconciliation of ratio and voluntas may be hard to maintain. This chapter discusses the legal invisibility of change, the Rule of Law of competitive society, the ‘England problem’ and the Rule of Law, and the experience of Weimar Germany.
Jens Meierhenrich
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198814412
- eISBN:
- 9780191851964
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198814412.003.0008
- Subject:
- Law, Legal History
This chapter explores the uneven reception of Fraenkel’s classic across space and time, with particular reference to the book’s very different fortunes in the United States and postwar Germany. I ...
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This chapter explores the uneven reception of Fraenkel’s classic across space and time, with particular reference to the book’s very different fortunes in the United States and postwar Germany. I account in detail for the international recognition bestowed on Fraenkel in the early 1940s, and its subsequent status as an obligatory footnote—a marginalized classic that few had read and even fewer understood. I also explain why The Dual State failed to make inroads in Germany until the early 1970s, when the first German edition was published. I weave into the analysis elements of an intellectual biography, charting Fraenkel’s career, inter alia, in the U.S. Foreign Economic Administration, which operated under the auspices of the Office of Strategic Services (OSS); as a U.S. legal adviser in the international territorial administration of Korea; and as reluctant doyen of political science in postwar Germany.Less
This chapter explores the uneven reception of Fraenkel’s classic across space and time, with particular reference to the book’s very different fortunes in the United States and postwar Germany. I account in detail for the international recognition bestowed on Fraenkel in the early 1940s, and its subsequent status as an obligatory footnote—a marginalized classic that few had read and even fewer understood. I also explain why The Dual State failed to make inroads in Germany until the early 1970s, when the first German edition was published. I weave into the analysis elements of an intellectual biography, charting Fraenkel’s career, inter alia, in the U.S. Foreign Economic Administration, which operated under the auspices of the Office of Strategic Services (OSS); as a U.S. legal adviser in the international territorial administration of Korea; and as reluctant doyen of political science in postwar Germany.
