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.
Any consideration of the 20th century would be incomplete without a discussion of Nazi Germany, an extraordinary regime which dominated European history for 12 years, and left a legacy that still echoes with us today. The incredible force of the destructive vision at the heart of Nazi Germany led to a second world war when the world was still aching from the first one, and an incomprehensible death count, both at home and abroad. In this Very Short Introduction, Jane Caplan's insightful analysis of Nazi Germany provides a highly relevant reminder of the fragility of democratic institutions, and the ways in which the exploitation of national fears, mass political movements, and frail political opposition can lead to the imposition of dictatorship. Considering the emergence and popular appeal of the Nazi party, she discusses the relationships between belief, consent, and terror in securing the regime, alongside the crucial role played by Hitler himself. Covering the full history of the regime, she includes an unflinching look at the dark stains of war, persecution, and genocide. At the same time, Caplan offers unexpected angles of vision and insights; asking readers to look behind the handful of over-used images of Nazi Germany we are familiar with, and to engage critically with a history that that is so abhorrent it risks seeming beyond interpretation. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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.
"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.
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 history of oil is a chapter in the story of Europe's geopolitical decline in the twentieth century. During the era of the two world wars, a lack of oil constrained Britain and Germany from exerting their considerable economic and military power independently. Both nations' efforts to restore the independence they had enjoyed during the Age of Coal backfired by inducing strategic over-extension, which served only to hasten their demise as great powers. Having fought World War I with oil imported from the United States, Britain was determined to avoid relying upon another great power for its energy needs ever again. Even before the Great War had ended, Whitehall implemented a strategy of developing alternative sources of oil under British control. Britain's key supplier would be the Middle East - already a region of vital importance to the British Empire - whose oil potential was still unproven. As it turned out, there was plenty of oil in the Middle East, but Italian hostility after 1935 threatened transit through the Mediterranean. A shortage of tankers ruled out re-routing shipments around Africa, forcing Britain to import oil from US-controlled sources in the Western Hemisphere and depleting its foreign exchange reserves. Even as war loomed in 1939, therefore, Britain's quest for independence from the United States had failed. Germany was in an even worse position than Britain. It could not import oil from overseas in wartime due to the threat of blockade, while accumulating large stockpiles was impossible because of the economic and financial costs. The Third Reich went to war dependent on petroleum synthesized from coal, domestic crude oil, and overland imports, primarily from Romania. German leaders were confident, however, that they had enough oil to fight a series of short campaigns that would deliver to them the mastery of Europe. This plan derailed following the victory over France, when Britain continued to fight. This left Germany responsible for Europe's oil requirements while cut off from world markets. A looming energy crisis in Axis Europe, the absence of strategic alternatives, and ideological imperatives all compelled Germany in June 1941 to invade the Soviet Union and fulfill the Third Reich's ultimate ambition of becoming a world power - a decision that ultimately sealed its fate.