Between the Norm and the Exception: The Frankfurt School and the Rule of Law

by William E. Scheuerman

Overview

Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal 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.

Product Details

ISBN-13:	9780262691963
Publisher:	MIT Press
Publication date:	01/22/1997
Series:	Studies in Contemporary German Social Thought
Edition description:	Reprint
Pages:	341
Product dimensions:	5.90(w) x 8.90(h) x 0.80(d)
Age Range:	18 Years

What People are Saying About This

From the Publisher

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

Editorial Reviews

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

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

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

From the Publisher

Scheuerman (political science, U. of Pittsburgh) traces the connections between the legal philosophic thought of the early Frankfurt School and contemporary critical theory, emphasizing the contributions of Franz Neumann and Otto Kirchheimer. He offers a critique of the ideas of Carl Schmitt, the named jurist of the Third Reich, and discusses the disintegration of the liberal rule of law under the conditions of the modern welfare state. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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