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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 November 2020

The Decline of a Classic

The Decline of a Classic

Explaining the Reception of The Dual State, 1941–present

(p.205) 8 The Decline of a Classic
The Remnants of the Rechtsstaat

Jens Meierhenrich

Oxford University Press

This chapter explores the uneven reception of Fraenkel’s classic across space and time, with particular reference to the book’s very different fortunes in the United States and postwar Germany. I account in detail for the international recognition bestowed on Fraenkel in the early 1940s, and its subsequent status as an obligatory footnote—a marginalized classic that few had read and even fewer understood. I also explain why The Dual State failed to make inroads in Germany until the early 1970s, when the first German edition was published. I weave into the analysis elements of an intellectual biography, charting Fraenkel’s career, inter alia, in the U.S. Foreign Economic Administration, which operated under the auspices of the Office of Strategic Services (OSS); as a U.S. legal adviser in the international territorial administration of Korea; and as reluctant doyen of political science in postwar Germany.

Keywords:   The Dual State, Ernst Fraenkel, Otto Kahn-Freund, Franz Neumann, Robert Kempner, Otto Kirchheimer, Eric Voegelin, U.S. Office of Strategic Services, World War II, postwar Germany

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