The sole available comprehensive history of social law and the model of social welfare in Germany. The book explains the origins since the medieval times, but concentrates on the 19th and 20th centuries, especially on the introduction of the social insurance 1881-1889, of the expansion of the system in the Weimar Republic, under the Nazi-System and after World War II in the FRG and the GDR. The system of social welfare in Germany is one of the pillars of economic stability.
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.
He argues that the concept of family resemblances, as that concept has been refined and extended in prototype theory in the contemporary cognitive sciences, is the most plausible analytical strategy for resolving the central problem of the book. In the solution proposed, religion is conceptualized as an affair of "more or less" rather than a matter of "yes or no," and no sharp line is drawn between religion and non-religion."--BOOK JACKET.
This book traces the origins of the German welfare state. The author, formerly director at the Max-Planck-Institute for European Legal History, Frankfurt, provides a perceptive overview of the history of social security and social welfare in Germany from early modern times to the end of World War II, including Bismarck’s pioneering introduction of social insurance in the 1880s. The author unravels “layers” of social security that have piled up in the course of history and, so he argues, still linger in the present-day welfare state. The account begins with the first efforts by public authorities to regulate poverty and then proceeds to the “social question” that arose during the 19th-century Industrial Revolution. World War I had a major impact on the development of social security, both during the war and after, through the exigencies of the war economy, inflation and unemployment. The ruptures as well as the continuities of social policy under National Socialism and World War II are also investigated.
Michael Stolleis is part of a younger generation and is determined to honestly confront the past in hopes of preventing the same injustices from happening in the future.
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Written by the eminent German historian, Michael Stolleis, these two ‘Essays on Legal History’ - The Eye of the Law and In the Name of the Law - offer an original and compelling history of the symbolism through which law is characterised as being 'above' us.
The volume deals with the consequences of internationalization and Europeanization concerning legal as well as political structures and levels of regulation. Besides general consequences of denationalization, the book covers examples of European regulation and internationalization of regulation systems. It represents the results of a joint venture between several Max-Planck-Institutes.
The first account of the German Catholic Enlightenment, this book explores the ways in which 18th-century Germans reconceived the relationship between religion, society, and the state.
This impressive volume is the first attempt to look at the intertwined histories of natural law and the laws of nature in early modern Europe. These notions became central to jurisprudence and natural philosophy in the seventeenth century; the debates that informed developments in those fields drew heavily on theology and moral philosophy, and vice versa. Historians of science, law, philosophy, and theology from Europe and North America here come together to address these central themes and to consider the question; was the emergence of natural law both in European jurisprudence and natural philosophy merely a coincidence, or did these disciplinary traditions develop within a common conceptual matrix, in which theological, philosophical, and political arguments converged to make the analogy between legal and natural orders compelling. This book will stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.
Written by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.
This book traces the origins of the German welfare state. The author, formerly director at the Max-Planck-Institute for European Legal History, Frankfurt, provides a perceptive overview of the history of social security and social welfare in Germany from early modern times to the end of World War II, including Bismarck’s pioneering introduction of social insurance in the 1880s. The author unravels “layers” of social security that have piled up in the course of history and, so he argues, still linger in the present-day welfare state. The account begins with the first efforts by public authorities to regulate poverty and then proceeds to the “social question” that arose during the 19th-century Industrial Revolution. World War I had a major impact on the development of social security, both during the war and after, through the exigencies of the war economy, inflation and unemployment. The ruptures as well as the continuities of social policy under National Socialism and World War II are also investigated.
This title recounts the transformation of Europe from the post-war era until the Euro-crisis, using the tools of constitutional analysis and critical theory. The central claim is twofold: Europe has been gradually reconstituted in a manner that combines political authoritarianism with economic liberalism and that this order is now in a critical condition. Authoritarian liberalism is constructed supranationally, through a taming of inter-state relations in the project of European integration; at the domestic level, through the depoliticization of state-society relations; and socially, through the emergence of a new constitutional imaginary based on liberal individualism. In the language of constitutional theory, this transformation can be captured by the substitution of supranationalism for internationalism, technocracy for democracy, and economic for political freedom. Sovereignty is restrained, democracy curtailed, and class struggle repressed. This constitutional trajectory takes time to unfold and develop and it presents continuities and discontinuities. On the one hand, authoritarian liberalism is deepened by the neoliberalism of the Maastricht era and the creation of Economic and Monetary Union. On the other hand, counter-movements then also begin to emerge, geopolitically, in the return of the German question, domestically, in the challenges to the EU presented by constitutional courts, and informally, in the rise of anti-systemic political parties and movements. Sovereignty, democracy, and political freedom resurface, but are then more actively suppressed through the harsher authoritarian liberalism of the Euro-crisis phase. This leads now to an impasse. Anti-systemic politics return but remain uneasily within the EU, suggesting authoritarian liberalism has reached its limits if just about managing to maintain constitutional order. As yet, there has been no definitive rupture, with the possible exception of Brexit.
From 1938 until 1943 - before the German occupation and accompanying Holocaust - Fascist Italy drafted and enforced a comprehensive set of anti-Semitic laws. Notwithstanding later rationalizations, the laws were administered with a high degree of severity and resulted in serious damage to the Italian Jewish community. Written from the perspective of an American legal scholar, this book constitutes the first truly comprehensive survey of the Race Laws in the English language. Based on an exhaustive review of Italian legal, administrative and judicial sources, together with archives of the Italian Jewish community, Professor Michael A. Livingston demonstrates the zeal but also the occasional ambivalence and contradictions with which the Race Laws were applied by the Italian legal order and ordinary citizens. Although frequently depressing, the history of the Race Laws contains numerous examples of personal courage and idealism, providing a useful and timely study of what happens when otherwise decent people are confronted with an evil and unjust legal order.
The first account of the German Catholic Enlightenment, this book explores the ways in which 18th-century Germans reconceived the relationship between religion, society, and the state.
The modern Middle East emerged out of the collapse of the Ottoman Empire, when Britain and France partitioned the Ottoman Arab lands into several new colonial states. The following period was a charged and transformative time of unrest. Insurgent leaders, trained in Ottoman military tactics and with everything to lose from the fall of the Empire, challenged the mandatory powers in a number of armed revolts. This is a study of this crucial period in Middle Eastern history, tracing the period through popular political movements and the experience of colonial rule. In doing so, Provence emphasises the continuity between the late Ottoman and Colonial era, explaining how national identities emerged, and how the seeds were sown for many of the conflicts which have defined the Middle East in the late twentieth and early twenty-first centuries. This is a valuable read for students of Middle Eastern history and politics.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law.
In the spring of 1933, German society was deeply divided – in the Reichstag elections on 5 March, only a small percentage voted for Hitler. Yet, once he seized power, his creation of a socially inclusive Volksgemeinschaft, promising equality, economic prosperity and the restoration of honor and pride after the humiliating ending of World War I persuaded many Germans to support him and to shut their eyes to dictatorial coercion, concentration camps, secret state police, and the exclusion of large sections of the population. The author argues however, that the everyday practice of exclusion changed German society itself: bureaucratic discrimination and violent anti-Jewish actions destroyed the civil and constitutional order and transformed the German nation into an aggressive and racist society. Based on rich source material, this book offers one of the most comprehensive accounts of this transformation as it traces continuities and discontinuities and the replacement of a legal order with a violent one, the extent of which may not have been intended by those involved.
This book investigates how bishops deployed reward and punishment to control their administrative subordinates in thirteenth-century England. Bishops had few effective avenues available to them for disciplining their clerks and rarely pursued them, preferring to secure their service and loyalty through rewards. The chief reward was the benefice, often granted for life. Episcopal administrators' security of tenure in these benefices, however, made them free agents, allowing them to transfer from diocese to diocese or even leave administration altogether; they did not constitute a standing episcopal civil service. This tenuous bureaucratic relationship made the personal relationship between bishop and clerk more important. Ultimately, many bishops communicated in terms of friendship with their administrators, who responded with expressions of devotion. Michael Burger's study brings together ecclesiastical, social, legal and cultural history, producing the first synoptic study of thirteenth-century English diocesan administration in decades. His research provides an ecclesiastical counterpoint to numerous studies of bastard feudalism in secular contexts.
In the 1950s, the policy of the West German law courts was to limit the number of Germans who could be prosecuted for crimes against humanity during the Nazi era, thereby preserving the old state elites who had been accomplices to the Nazi regime, among them the judiciary, 90% of whom had been Nazi party members. The number of Nazi criminals prosecuted in West Germany dropped throughout the 1950s. The Einsatzgruppen trial at Ulm in 1958 showed that many Nazi criminals held positions in the Federal Republic's administration. An investigation of the Nazi death camps was initiated by the Ludwigsburg Office in 1959. Focuses on three trials against former staff members of three camps: the Bełżec trial held in München in 1963-64; the Treblinka trial held in Düsseldorf in 1964-65; and the Sobibór trial in Hagen in 1964-65. Contends that despite their sometimes doubtful past, the trial judges acted in good faith within the bounds of West German law. The prosecutors based their cases on eyewitness testimonies. The Bełżec trial proved to be a debacle (all of the defendants but one were acquitted), primarily because only one survivor was found to testify. In Treblinka and Sobibór, successful uprisings of prisoners in 1943 helped many of them to survive and later to give evidence at the respective trials; at these trials, most of the defendants were convicted.
Taking its inspiration from Michel Foucault, this volume of essays integrates the analysis of security into the study of modern political and cultural theory. Explaining how both politics and security are differently problematised by changing accounts of time, the work shows how, during the course of the 17th century, the problematisation of government and rule became newly enframed by a novel account of time and human finitude, which it calls ‘factical finitude’. The correlate of factical finitude is the infinite, and the book explains how the problematisation of politics and security became that of securing the infinite government of finite things. It then explains how concrete political form was given to factical finitude by a combination of geopolitics and biopolitics. Modern sovereignty required the services of biopolitics from the very beginning. The essays explain how these politics of security arose at the same time, changed together, and have remained closely allied ever since. In particular, the book explains how biopolitics of security changed in response to the molecularisation and digitalisation of Life, and demonstrates how this has given rise to the dangers and contradictions of 21st century security politics. This book will be of much interest to students of political and cultural theory, critical security studies and International Relations.
World War II and its aftermath brought devastating material losses to millions of West Germans. Military action destroyed homes, businesses, and personal possessions; East European governments expelled 15 million ethnic Germans from their ancestral homes; and currency reform virtually wiped out many Germans' hard-earned savings. These "war damaged" individuals, well over one-third of the West German population, vehemently demanded compensation at the expense of those who had not suffered losses, to be financed through capital levies on surviving private property. Michael Hughes offers the first comprehensive study of West Germany's efforts to redistribute the costs of war and defeat among its citizenry. The debate over a Lastenausgleich (a balancing out of burdens) generated thousands of documents in which West Germans articulated deeply held beliefs about social justice, economic rationality, and political legitimacy. Hughes uses these sources to trace important changes in German society since 1918, illuminating the process by which West Germans, who had rejected liberal democracy in favor of Nazi dictatorship in the 1930s, came to accept the social-market economy and parliamentary democracy of the 1950s.
There continues to be a remarkable revival in academic interest in Carl Schmitt's thought within politics and social theory but this is the first book to address his thought from an explicitly legal theoretical perspective. Transcending the prevailing one-sided and purely historical focus on Schmitt’s significance for debates that took place in the Weimar Republic 1919-1933, this book addresses the actual and potential significance of Schmitt's thought for controversies within contemporary Anglo-American legal theory that have emerged during the past three decades. These include: the critique of liberal forms of legal positivism; the relative ‘indeterminacy’ of legal doctrine and the need for an explicitly interpretative approach to its range of meanings, their scope and policy rationale; the centrality of discretion and judicial law-making within the legal process; the important role played by ideological prejudices and assumptions in legal reasoning; the reinterpretation of law as a form of strategically disguised politics; the legal theoretical critique of universalistic approaches to "human" rights and associated liberal-cosmopolitan 'ideologies of humanity,' including the rhetoric of 'humanitarian intervention'; and the limitations of liberal constitutionalism and liberalism more generally as an approach to law. In Carl Schmitt: Law as Politics, Ideology and Strategic Myth, the author provides an overview and assessment of Schmitt's thought, as well as a consideration of its relevance for contemporary legal thought and debates.
The Gestapo was the most feared instrument of political terror in the Third Reich, brutally hunting down and destroying anyone it regarded as an enemy of the Nazi regime: socialists, Communists, Jews, homosexuals, and anyone else deemed to be an 'anti-social element'. Its prisons soon became infamous - many of those who disappeared into them were never seen again - and it has been remembered ever since as the sinister epitome of Nazi terror and persecution. But how accurate is it to view the Gestapo as an all-pervasive, all-powerful, all-knowing instrument of terror? How much did it depend upon the cooperation and help of ordinary Germans? And did its networks extend further into the everyday life of German society than most Germans after 1945 ever wanted to admit? Answering all these questions and more, this book uses the very latest research to tell the true story behind this secretive and fearsome institution. Tracing the history of the organization from its origins in the Weimar Republic, through the crimes of the Nazi period, to the fate of former Gestapo officers after World War II, Carsten Dams and Michael Stolle investigate how the Gestapo really worked - and question many of the myths that have long surrounded it.
This title was first published in 2001: For over 30 years it has been argued that contemporary society is undergoing a fundamental transformation. The portrait of the modern society or modernity offered by philosophers and social scientists from Hobbes to Parsons is no longer understood as a description of the final and highest stage in the social evolution of mankind. Modern society is not the end of history but simply another more or less contingent social and cultural formation on planet earth. This new perspective on modernity and its transformation, which has emerged from the modernist-postmodernist debate, is the subject matter of this book. It is addressed in a multidisciplinary and international way, both theoretically and empirically, and is explored not only in general and historical terms, but also through specific topics such as sexuality, identity, democracy, globalization, knowledge and leadership. Offering an important collaborative contribution to contemporary discourse in sociology, social psychology, politics and philosophy, this book represents a unique effort to come to grips with our obscure and elusive social position at the start of the 21st century.
The “Long Middle Ages” indicates a span of time extending from Antiquity, across the Middle Ages, to the Early Modern period. The author tries to understand factors of historical continuity binding this period together and the periodic scenes of violent change that disrupted societies and traditions. The Long Middle Ages were established on classical and biblical foundations, while each generation interpreted and expanded on those origins. The cohesion of the Long Middle Ages was brought about by continuous acts of reflection and renascence. Scholarly practices and ideas of Antiquity were taken up in the monasteries and cathedral schools of the Middle Ages, while during the Renaissance, and then the Baroque period, thinkers looked back to Antiquity and to the Middle Ages. Continuity and Rupture in the Long Middle Ages is an interdisciplinary approach to intellectual history, which puts the history of ideas in the context of cultural, political, religious, and legal history. Medieval history is the central moment, while continuity and change are found in traditions extending from the Lord’s Prayer (AD 30) to Jean Mabillon (AD 1632–1707) and onward to moderns like Ernst Cassirer and Paul Ricoeur. Readers will discover new significance in historical figures like the Venerable Bede, Boniface of Mainz, Charlemagne, and Pope Formosus – in the laws of medieval kings and bishops – and institutions like the monastery of Cluny. These essays, gathered together for the first time in this Variorum volume, offer powerful new interpretations for students and researchers in the fields of medieval studies, legal and literary interpretation, legal history, and the history of European intellectual life from ancient to modern times.
This book explores the main currents of European thought between 1350 and 1992, which it approaches in two principal ways: culture as produced by place and the progressive unmooring of thought from previously set religious and philosophical boundaries. The book reads the period against spatial thought’s history (spatial sciences such as geography or Euclidean geometry) to argue that Europe cannot be understood as a continent in intellectual terms or its history organized with respect to traditional spatial-geographic categories. Instead we need to understand European intellectual history in terms of a culture that defined its own place, as opposed to a place that produced a given culture. It then builds on this idea to argue that Europe’s overweening drive to know more about humanity and the cosmos continually breached the boundaries set by venerable religious and philosophical traditions. In this respect, spatial thought foregrounded the human at the unchanging’s expense, with European thought slowly becoming unmoored, as it doggedly produced knowledge at wisdom’s expense. Michael J. Sauter illustrates this by pursuing historical themes across different chapters, including European thought’s exit from the medieval period, the Renaissance, the Reformation, the Scientific Revolution, the Enlightenment and Romanticism, the Industrial Revolution, and war and culture, offering a thorough overview of European thought during this period. The book concludes by explaining how contemporary culture has forgotten what early modern thinkers such as Michel de Montaigne still knew, namely, that too little skepticism toward one’s own certainties makes one a danger to others. Offering a comprehensive introduction to European thought that stretches from the late fourteenth to the late twentieth century, this is the perfect one-volume study for students of European intellectual history.
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