This history of the discipline of public law in Germany covers three dramatic decades of the Twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich.
German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.
Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
This is the first comprehensive, multi-author survey of German history that features cutting-edge syntheses of major topics by an international team of leading scholars. Emphasizing demographic, economic, and political history, this Handbook places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed and cutting-edge chapters on religious history and on literary history, as well as to contemporary observers, with reflections on Germany and the European Union, and on 'multi-cultural Germany'. Covering the period from around 1760 to the present, this Handbook represents a remarkable achievement of synthesis based on current scholarship. It constitutes the starting point for anyone trying to understand the complexities of German history as well as the state of scholarly reflection on Germany's dramatic, often destructive, integration into the community of modern nations. As it brings this story to the present, it also places the current post-unification Federal Republic of Germany into a multifaceted historical context. It will be an indispensable resource for scholars, students, and anyone interested in modern Germany.
As he prepared to wage his war of annihilation on the Eastern Front, Adolf Hitler repeatedly drew parallels between the Nazi quest for Lebensraum, or living space, in Eastern Europe and the United States’s westward expansion under the banner of Manifest Destiny. The peoples of Eastern Europe were, he said, his “redskins,” and for his colonial fantasy of a “German East” he claimed a historical precedent in the United States’s displacement and killing of the native population. Edward B. Westermann examines the validity, and value, of this claim in Hitler's Ostkrieg and the Indian Wars. The book takes an empirical approach that highlights areas of similarity and continuity, but also explores key distinctions and differences between these two national projects. The westward march of American empire and the Nazi conquest of the East offer clear parallels, not least that both cases fused a sense of national purpose with racial stereotypes that aided in the exclusion, expropriation, and killing of peoples. Westermann evaluates the philosophies of Manifest Destiny and Lebensraum that justified both conquests, the national and administrative policies that framed Nazi and U.S. governmental involvement in these efforts, the military strategies that supported each nation’s political goals, and the role of massacre and atrocity in both processes. Important differences emerge: a goal of annihilation versus one of assimilation and acculturation; a planned military campaign versus a confused strategy of pacification and punishment; large-scale atrocity as routine versus massacre as exception. Comparative history at its best, Westermann’s assessment of these two national projects provides crucial insights into not only their rhetoric and pronouncements but also the application of policy and ideology “on the ground.” His sophisticated and nuanced revelations of the similarities and dissimilarities between these two cases will inform further study of genocide, as well as our understanding of the Nazi conquest of the East and the American conquest of the West.
Nazi Germany may have only lasted for 12 years, but it has left a legacy that still echoes with us today. This work discusses the emergence and appeal of the Nazi party, the relationship between consent and terror in securing the regime, the role played by Hitler himself, and the dark stains of war, persecution, and genocide left by Nazi Germany.
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Focuses on the traumatized German war veteran. This work traces how some of the most vulnerable members of society, marginalized and persecuted as 'enemies of the nation, ' attempted to regain authority over their own minds and reclaim the authentic memory of the Great War.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.