Between the Norm and the Exception: The Frankfurt School and the Rule of Law
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of PoliticalThought. Winner, 1994 First Book Prize,Foundations of PoliticalThought 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...
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Winner, 1994, First Book Award given by the American Political Science Association Foundations of Political Theory Section. and Winner, 1994, of the Spitz Prize sponsored by the Conference for the Study of Political ThoughtWinner, 1996 Elaine and David Spitz Book Prize for the best book on liberal 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. Booknews Scheuerman (political science, U. of Pittsburgh) traces the connections between the legal philosophic thought of the early Frankfurt School and contemporary critical theory, emphasizing the contributions of Franz Neumann and Otto Kirchheimer. He offers a critique of the ideas of Carl Schmitt, the named jurist of the Third Reich, and discusses the disintegration of the liberal rule of law under the conditions of the modern welfare state. Annotation c. Book News, Inc., Portland, OR (booknews.com)
AcknowledgmentsIntroduction: Recovering the Rule of Law1ICarl Schmitt Meets Karl Marx111A Totalitarian Concept of the Political132The Social Rule of Law39IILegality and Legitimacy653Parliamentary Legality or Plebiscitary Dictatorship?674The Unfinished Agenda of Rational Law97IIISovereignty and Its Discontents1215The Permanent State of Emergency1236Beyond State Sovereignty157IVToward the Democratic Rule of Law1897A Democratic Concept of the Political1918Between the Norm and the Exception219Conclusion: The Presence of the Past245Notes249Bibliography301Index327
\ BooknewsScheuerman (political science, U. of Pittsburgh) traces the connections between the legal philosophic thought of the early Frankfurt School and contemporary critical theory, emphasizing the contributions of Franz Neumann and Otto Kirchheimer. He offers a critique of the ideas of Carl Schmitt, the named jurist of the Third Reich, and discusses the disintegration of the liberal rule of law under the conditions of the modern welfare state. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \
