Between the Norm and the Exception

The Frankfurt School and the Rule of Law

By: William E. Scheuerman

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Paperback | 22 January 1997

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346 Pages

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Winner, 1994, First Book Award given by the American Political Science Association Foundations of Political Theory Section. and Winner, 1994, of the Spitz Prize sponsored by the Conference for the Study of Political Thought "Winner, 1996 Elaine and David Spitz Book Prize for the best book on liberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association." "Between the Norm and the Exception" contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

Industry Reviews

"In this well-written, brilliantly researched and provocative work,Bill Scheuerman has analyzed a little-known chapter of twentieth-centuryintellectual history: the encounter between Carl Schmitt, named thejurist of the Third Reich, and two members of the Frankfurt School:Otto Kirchheimer and Franz Neumann... This will be compelling andcaptivating reading for anyone interested in continental social andpolitical thought in the twentieth century." Seyla Benhabib, Harvard University

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Acknowledgments
Introduction: Recovering the Rule of Law	p. 1
Carl Schmitt Meets Karl Marx	p. 11
A Totalitarian Concept of the Political	p. 13
The Social Rule of Law	p. 39
Legality and Legitimacy	p. 65
Parliamentary Legality or Plebiscitary Dictatorship?	p. 67
The Unfinished Agenda of Rational Law	p. 97
Sovereignty and Its Discontents	p. 121
The Permanent State of Emergency	p. 123
Beyond State Sovereignty	p. 157
Toward the Democratic Rule of Law	p. 189
A Democratic Concept of the Political	p. 191
Between the Norm and the Exception	p. 219
Conclusion: The Presence of the Past	p. 245
Notes	p. 249
Bibliography	p. 301
Index	p. 327
Table of Contents provided by Blackwell. All Rights Reserved.

Between the Norm and the Exception

The Frankfurt School and the Rule of Law

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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