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Legal Theory in the Collapse of Weimar: Contemporary Lessons?

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  • Dyzenhaus, David

Abstract

The Weimar Republic is frequently invoked in political theory as an example when the issue is the appropriate response of liberal democracies to internal, fundamental challenges. I explore that example through the lens of a 1932 court case that tested the legality of the federal government's “coup” against Prussia. In my analysis of the court's judgment and of the arguments of three political and public law theorists, Carl Schmitt, Hans Kelsen, and Hermann Heller, I argue for Heller's democratic vision of the rule of law. In my conclusion, I compare problems in Kelsen's position with problems in the recently articulated position of John Rawls in order to suggest what lessons Weimar may have for contemporary political theory.

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  • Dyzenhaus, David, 1997. "Legal Theory in the Collapse of Weimar: Contemporary Lessons?," American Political Science Review, Cambridge University Press, vol. 91(1), pages 121-134, March.
    • Handle: RePEc:cup:apsrev:v:91:y:1997:i:01:p:121-134_23
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    Cited by:

    1. Pokladniková, Vlasta & Yildiz, Muhamet, 2009. "Moderation of an ideological party," Games and Economic Behavior, Elsevier, vol. 65(2), pages 516-537, March.
    2. Csaba VARGA, 2010. "State And Law – Challenging And Challenged (Building In A Changing World As Debated By Schmitt And Kelsen)," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 43, pages 26-41, December.

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