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Between the Norm and the Exception

The Frankfurt School and the Rule of Law

William E. Scheuerman

$79.99

Paperback

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English
MIT Press
22 January 1997
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association.

Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the ""rule of law"" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.
By:  
Imprint:   MIT Press
Country of Publication:   United States
Edition:   New edition
Dimensions:   Height: 226mm,  Width: 150mm,  Spine: 20mm
Weight:   522g
ISBN:   9780262691963
ISBN 10:   0262691965
Series:   Between the Norm and the Exception
Pages:   341
Publication Date:  
Recommended Age:   From 18 years
Audience:   Adult education ,  College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Further / Higher Education
Format:   Paperback
Publisher's Status:   Inactive
Introduction: recovering the rule of law. Part 1 Carl Schmitt meets Karl Marx: a totalitarian concept of the political; the social rule of law. Part 2 Legality and legitimacy: parliamentary legality or plebiscitary dictatorship?; the unfinished agenda of rational law. Part 3 Sovereignty and its discontents: the permanent state of emergency; beyond state sovereignty. Part 4 Toward the democratic rule of law: a democratic concept of the political; between the norm and the exception. Conclusion: the presence of the past.

Reviews for Between the Norm and the Exception: The Frankfurt School and the Rule of Law

In this well-written, brilliantly researched and provocative work,Bill Scheuerman has analyzed a little-known chapter of twentieth-centuryintellectual history: the encounter between Carl Schmitt, named thejurist of the Third Reich, and two members of the Frankfurt School:Otto Kirchheimer and Franz Neumann... This will be compelling andcaptivating reading for anyone interested in continental social andpolitical thought in the twentieth century. Seyla Benhabib, Harvard University


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