Legal Theory in the Collapse of Weimar
Contemporary Lessons
Bibliographic Data
| ID | 3404244 |
|---|---|
| Authors | David Dyzenhaus (0000-0002-6976-0716, University of Toronto, corresponding author) |
| Year | 1997 |
| Volume | 91 |
| Issue | 1 |
| Pages | 121-134 |
| Publication date | 1997-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Political Science Review (JOURNAL) |
| Journal identifiers | ISSN: 0003-0554 • E-ISSN: 1537-5943 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2952263 |
| OpenAlex | W2319315739 |
| Language | EN |
| Citations received | 10 |
| References cited | 15 |
The Weimar Republic is frequently invoked in political theory as an example when the issue is the appropriate response of liberal democracies to internal, fundamental challenges. I explore that example through the lens of a 1932 court case that tested the legality of the federal government's "coup" against Prussia. In my analysis of the court's judgment and of the arguments of three political and public law theorists, Carl Schmitt, Hans Kelsen, and Hermann Heller, I argue for Heller's democratic vision of the rule of law. In my conclusion, I compare problems in Kelsen's position with problems in the recently articulated position of John Rawls in order to suggest what lessons Weimar may have for contemporary political theory
Democracy · Economics · Law and economics · Order (exchange · Political science · Politics · Position (finance · Principle of legality · Rule of law · Sociology · Weimar Republic · Judicial and Constitutional Studies · Law · Philosophy · Political Philosophy and Ethics · Political Theology and Sovereignty
Popular sovereignty in an age of mass democracy
Carl Schmitt's Political Theory of Representation
Justifying Injustice
O presente fugidio das crises constitucionais
Revolutions and Law
Carl Schmitt as a reader of Juan Donoso Cortés
Schmittean logic
An Unacknowledged Adversary
Irrational Choice and Mortal Combat as Political Destiny
Three Ways of Thinking "Critically" about the Law
Essays in Jurisprudence and Philosophy
Prelude to Silence. The End of the German Republic
The authority of law
The Rise and Fall of Weimar Democracy.
The Weimar Republic
Facing Diversity
The Priority of Democracy to Philosophy
The Concept of the Political
Ethics in the Public DomainEssays in the Morality of Law and Politics
Hitler's Justice
History, Historiography, and Political Science
Between Facts and Norms
The Concept of the Political
| Unique citing works | 10 |
|---|---|
| Citations per year | 0,37 |
| Citation span | 1999 - 2024 (26) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 10 |