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The Remnants of the RechtsstaatAn Ethnography of Nazi Law$
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Jens Meierhenrich

Print publication date: 2018

Print ISBN-13: 9780198814412

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198814412.001.0001

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The Making of a Cause Lawyer

The Making of a Cause Lawyer

(p.55) 3 The Making of a Cause Lawyer
The Remnants of the Rechtsstaat

Jens Meierhenrich

Oxford University Press

This chapter provides the biographical and historical context necessary for understanding Fraenkel and his time. The analysis is organized into three sections: his early years, the Weimar Years, and the Nazi years. In the first section, I trace Fraenkel’s upbringing in a secular household influenced by the so-called Jewish Enlightenment, or Haskalah; explore the origins of his life-long predilection for social democracy; and recount the intellectual effects of his military service in World War I. In the second section, I reconstruct Fraenkel’s education and socialization as a young lawyer and interpret Fraenkel’s most important Weimar-era writings. I explicate the roles they played in preparing the ground for the writing of The Dual State. In the third section, finally, I commence my analysis of Fraenkel’s Nazi-era thought and conduct up until his escape to freedom in 1938.

Keywords:   cause lawyering, legalism, rule of law, social democracy, Weimar Germany, Nazi Germany, Dual State, Fraenkel, Neumann

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