Between the norm and the exception : the Frankfurt School and the rule of law
著者
書誌事項
Between the norm and the exception : the Frankfurt School and the rule of law
（Studies in contemporary German social thought）
MIT Press, c1994
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注記
Includes bibliographical references (p. [301]-326) and index
内容説明・目次
内容説明
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.
目次
- 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.
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