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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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An Ethnography of Nazi Law

An Ethnography of Nazi Law

The Gestation of The Dual State, 1936–1941

(p.159) 6 An Ethnography of Nazi Law
The Remnants of the Rechtsstaat

Jens Meierhenrich

Oxford University Press

This chapter turns to the gestation of the first, German-language manuscript of The Dual State, known as the Urdoppelstaat of 1938. I then chart the transformation of this unpublished manuscript into the 1941 book. To lay the foundation for this detailed reconstruction, I trace in some depth the gradual destruction of the German Rechtsstaat, presenting in an accessible manner several decades worth of material culled from the historiography of Nazi law. This illustrates the enormity—and danger—of the task that Fraenkel set himself: to serve as a participant observer in the courts of the “Third Reich.” Drawing on a series of primary documents, I piece together the incredible and untold story of the gestation of The Dual State, a tale of rare courage, acumen, and insight. I pay detailed attention to similarities and differences in recently discovered manuscript drafts.

Keywords:   Urdoppelstaat, The Dual State, Rechtsstaat, normative state, prerogative state, ethnography of law, Ernst Fraenkel, emigration, United States, Berlin

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