Authoritarian Legalism: Some Thoughts on "The Remnants of the Rechtsstaat: An Ethnography of Nazi Law" by Jens Meierhenrich

• Authors: Sebastian Kubas

Title variants

PL

Autorytarna praworządność. Uwagi na tle książki Jensa Meierhenricha "The Remnants of the Rechtsstaat. An Ethnography of Nazi Law"

• Languages of publication: PL

Abstracts

PL

Interpreting Nazism is a very delicate task. Herein, I argue that the work of Jens Meierhenrich, which is dedicated to the figure of Ernst Fraenkel and his scientific oeuvre (The Dual State) but is also a wider presentation of an ethnography of Nazi law, shows the significance of revealing the Nazi legal culture. This study not only increases our historical knowledge but also helps to better understand contemporary dual states. A down-to-earth approach to the way law works in authoritarian states is essential if one considers how important were the remnants of the Rechtsstaat in structuring authoritarian politics in Nazi Germany. Jens Meierhenrich excavated Fraenkel’s work and reintroduced it into scholarly circulation. However, it should be noted that Fraenkel’s The Dual State was continually used by Polish scholars, as I have shown, most notably by Franciszek Ryszka. Another value of Meierhenrich’s analysis lies in showing how ideological pressure influenced for many years the research trends in this area. What I find of particular value in The Remnants of the Rechtsstaat by Jens Meierhenrich is the theme which was also explored by Franciszek Ryszka: the embroilment of German lawyers and legal scholars with the Nazi regime. Before it was fully revealed that “der Tod ist ein Meister aus Deutschland”, quite a number of masters of jurisprudence paved the way.

• Publisher: Uniwersytet Jagielloński, Krakowski Instytut Prawa Karnego Fundacja
• Journal: Constitutional Review
• Year: 2019
• Issue: 1

Dates

published

2019-06-14

online

2019-06-14

Contributors

author

Sebastian Kubas