 |
|
Between the Norm and the Exception: The Frankfurt School and the Rule of Law (Studies in Contemporary German Social Thought)
William E. Scheuerman
Hardcover. The MIT Press 1994-08.
ISBN 9780262193511
|
|
|
|
Buy from Amazon.co.uk
|
Publisher description
This text contributes an 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. Previous studies tracing the connections between the Frankfurt School and
contemporary critical theory have concentrated on philosophy and cultural and
literary theory, ignoring the important contributions of Neumann and
Kirchheimer to political and legal analysis. "Between the Norm and the
Exception" corrects this oversight and provides yet another instance of the
continuing relevance of the school's work. The third major protagonist of the
book is Carl Schmitt, the right-wing legal theorist whose ideas continue to be
influential, and here Scheuerman's astute analysis provides a welcome balance
to the work of some of Schmitt's more ardent enthusiasts. The core issue in this text is whether or not society can offer its
citizens welfare-state guarantees and still preserve the liberal vision of a
norm-based legal system.
More books by William E. Scheuerman
Similar books
Rate the book
Write a review and share your opinion with others. Try to focus on the content of the book. Read our instructions for further information.
Between the Norm and the Exception: The Frankfurt School and the Rule of Law
Book reviews » Between the Norm and the Exception: The Frankfurt School and the Rule of Law (Studies in Contemporary German Social Thought)
|
|
 |
|
|
|
|
