Jens Meierhenrich's Books

The Remnants of the Rechtsstaat

An Ethnography of Nazi Law

By: Jens Meierhenrich

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The Remnants of the Rechtsstaat

An Ethnography of Nazi Law

By: Jens Meierhenrich

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.

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Page Count

409

Publisher

Oxford University Press

Published Date

ISBN 10

0192545647

ISBN 13

9780192545640

The Violence of Law

The Formation and Deformation of Gacaca Courts in Rwanda

By: Jens Meierhenrich

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The Violence of Law

The Formation and Deformation of Gacaca Courts in Rwanda

By: Jens Meierhenrich

Lawfare' describes the systematic use and abuse of legal procedure for political ends. This provocative book examines this insufficiently understood form of warfare in post-genocide Rwanda, where it contributed to the making of dictatorship. Jens Meierhenrich provides a redescription of Rwanda's daring experiment in transitional justice known as inkiko gacaca. By dissecting the temporally and structurally embedded mechanisms and processes by which change agents in post-genocide Rwanda manoeuvred to create modified legal arrangements of things past, Meierhenrich reveals an unexpected jurisprudence of violence. Combining nomothetic and ideographic reasoning, he shows that the deformation of the gacaca courts – and thus the rise of lawfare in post-genocide Rwanda – was not preordained but the outcome of a violently structured contingency. The Violence of Law tells a disturbing tale and will appeal to scholars, advanced students, and practitioners of international and comparative law, African studies and human rights.

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769

Publisher

Cambridge University Press

Published Date

ISBN 10

1108675573

ISBN 13

9781108675574

The Violence of Law

The Formation and Deformation of Gacaca Courts in Rwanda

By: Jens Meierhenrich

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The Violence of Law

The Formation and Deformation of Gacaca Courts in Rwanda

By: Jens Meierhenrich

Lawfare" describes the systematic use and abuse of legal procedure for political ends which, in post-genocide Rwanda, contributed to the making of dictatorship. Jens Meierhenrich explains how and why Paul Kagame's Tutsi-led government in the period 1994-2019 learned to substitute law for war in its consolidation of authoritarian rule"--

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769

Publisher

Cambridge University Press

Published Date

ISBN 10

1108425399

ISBN 13

9781108425391

The Remnants of the Rechtsstaat

An Ethnography of Nazi Law

By: Jens Meierhenrich

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The Remnants of the Rechtsstaat

An Ethnography of Nazi Law

By: Jens Meierhenrich

This book offers an intellectual history of Ernst Fraenkel's classic The Dual State (1941), recently republished by OUP, and one of the most erudite books on the theory of dictatorship ever written. It was the first comprehensive analysis of the nature and rise of Nazism, and the only such analysis written from within Hitler's Germany.

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449

Publisher

Oxford University Press

Published Date

ISBN 10

0198814410

ISBN 13

9780198814412

The Legacies of Law

Long-Run Consequences of Legal Development in South Africa, 1652–2000

By: Jens Meierhenrich

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The Legacies of Law

Long-Run Consequences of Legal Development in South Africa, 1652–2000

By: Jens Meierhenrich

Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.

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387

Publisher

Cambridge University Press

Published Date

ISBN 10

1139475177

ISBN 13

9781139475174

The Legacies of Law

Long-Run Consequences of Legal Development in South Africa, 1652–2000

By: Jens Meierhenrich

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The Legacies of Law

Long-Run Consequences of Legal Development in South Africa, 1652–2000

By: Jens Meierhenrich

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387

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Cambridge University Press

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ISBN 10

1139475177

ISBN 13

9781139475174

The Dual State

A Contribution to the Theory of Dictatorship

By: Ernst Fraenkel,Jens Meierhenrich

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The Dual State

A Contribution to the Theory of Dictatorship

By: Ernst Fraenkel,Jens Meierhenrich

The Dual State, first published in 1941, remains one of the most erudite books on the logic of dictatorship. It was the first comprehensive analysis of the rise and nature of National Socialism and the only such analysis written from within Hitler's Germany. Ernst Fraenkel's courageous ethnography of law was widely acclaimed upon publication, and it has influenced considerably postwar debates about the nature of the Third Reich. But The Dual State also has relevance for the study of dictatorship in the twenty-first century. Fraenkel's innovative concept of the dual state, with its two halvesthe normative state (which generally respects its own laws and regulations) and the prerogative state (which violates them wantonly) illuminates powerfully the complicated relationship between law and order in many countries around the world. It speaks directly to the idea of an authoritarian rule of law. This republication of Fraenkel's classic makes it once again available to scholars and students in law, the social sciences, and the humanities. It includes Fraenkel's 1974 preface to and two appendices from the first German editionnever before published in English. An extensive introduction by Jens Meierhenrich places Fraenkel's ethnography of law in historical and theoretical context.

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Page Count

337

Publisher

Oxford University Press

Published Date

ISBN 10

019102533X

ISBN 13

9780191025334

The Legacies of Law

Long-run Consequences of Legal Development in South Africa, 1650-2000

By: Associate Professor of International Relations Jens Meierhenrich,Jens Meierhenrich

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The Legacies of Law

Long-run Consequences of Legal Development in South Africa, 1650-2000

By: Associate Professor of International Relations Jens Meierhenrich,Jens Meierhenrich

Focusing on South Africa from 1650?2000, Meierhenrich examines how law structures democracy in changing societies.

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Page Count

407

Published Date

ISBN 10

0511438729

ISBN 13

9780511438721

Book's by Jens Meierhenrich

The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat

The Violence of Law

The Violence of Law

The Violence of Law

The Violence of Law

The Remnants of the Rechtsstaat

The Remnants of the Rechtsstaat

The Legacies of Law

The Legacies of Law

The Legacies of Law

The Legacies of Law

The Dual State

The Dual State

The Legacies of Law

The Legacies of Law

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