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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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Authoritarian Rule of Law

Authoritarian Rule of Law

Chapter:
(p.225) 9 Authoritarian Rule of Law
Source:
The Remnants of the Rechtsstaat
Author(s):

Jens Meierhenrich

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198814412.003.0009

What for many years was seen as an oxymoron—the notion of an authoritarian rule of law—no longer is. Instead, the phenomenon has become a cutting edge concern in law-and-society research. In this concluding chapter, I situate Fraenkel’s theory of dictatorship in this emerging research program. In the first section, I turn the notion of an authoritarian rule of law into a social science concept. In the second section, I relate this concept to that of the dual state and both to the political science literature on so-called hybrid regimes. Drawing on this synthesis, the third section makes the concept of the dual state usable for comparative-historical analysis. Through a series of empirical vignettes, I demonstrate the contemporary relevance of Fraenkel’s institutional analysis of the Nazi state. I show why it is essential reading for anyone trying to understand the legal origins of dictatorship, then and now.

Keywords:   Authoritarian rule of law, rule of law, rule by law, dictatorship, authoritarianism, transition, hybrid regimes, democracy promotion, nation-building, state-building

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