Law, History, and Justice: Debating German State Crimes in the Long Twentieth Century Annette Weinke

2021 ◽  
Vol 35 (3) ◽  
pp. 479-481
Author(s):  
Kenneth F Ledford
2019 ◽  
pp. 23-60 ◽  
Author(s):  
Blake Emerson

This chapter describes German state theory in the nineteenth and twentieth century. It describes this tradition in order to clarify the relevance of German ideas to the American context. American political scientists and legal scholars frequently rely on German thinkers such as Max Weber and Carl Schmitt to understand the state. But these divergent assessments lack a grounding in the longer trajectory and the institutional dilemmas of German legal theory. The chapter provides that broader context and directs readers’ attention to the most promising strand of German thought: the philosophy of G.W.F. Hegel. Hegel would have formative significance for the Progressive thinkers who developed the American administrative state. Hegel understood the state’s purpose to be the advancement of freedom. The chapter contextualizes this idea and shows its influence throughout the nineteenth century, in the Rechtsstaat theories of Robert von Mohl, Lorenz von Stein, and Rudolf von Gneist. It then shows how this normative concept of the state was emptied out with the turn to legal positivism at the end of the century. Weber’s formal-rational conception of bureaucracy then arrived at a particularly unstable moment in German constitutional history, in the transition from monarchy to democracy. Weber’s bifurcated conception of legal and charismatic authority paved the way for Schmitt’s proto-totalitarian theory of the state. The chapter concludes by showing how German theorists in the second half of the twentieth century, such as Jürgen Habermas, continued to rely on Weber’s instrumental conception of bureaucracy.


Author(s):  
Robert Von Friedeburg

This article traces the origins of German history; the outcome the Western Federal Republic of 1949–1989, curiously similar to the Eastern Franconian Empire of Ludwig the German emerging with the treaty of Verdun, and the unified Germany at the second half of the twentieth century. Early modern Germans had a wide number of varying and partly contradictory ideas about the relation of empire, nation, and fatherland. This article traces the establishment of Germany as an empire and nation. The German lands were marked by conflicts and tensions between emperors and popes, kings and higher nobility, and among regions under varying degrees of royal influence and control. This article explains pluralism in German society and the eventual formation of the territorial German state, whether the Bonn or Berlin Federal Republic is seen to be the true representative of modern Germany, the territorial state seems to remain unavoidably at center stage.


Author(s):  
Peter Gavaris

It is not surprising that film became the dominant art form of the twentieth century. The promise of a medium that could capture life in motion proved exciting, though soon after its conception, debates cropped up pitting the merits of realism against those of expressionism. Should a medium predicated on recording life adopt expressionistic sensibilities? Writing on the burgeoning cinema, Walter Benjamin seemed to imply that film carried with it a distinctly political responsibility to show life as it really is. In attempting to rethink this argument, I argue for the political potential of an expressionistic cinema, as understood by considering the theoretical underpinnings of Alain Badiou’s The Century (2008) when read in relation to Fritz Lang’s M (1931)—a film that embodies Badiou’s musings on the twentieth century’s aesthetic ideals and violent tendencies. Badiou writes that “the torment of contemporary art” is that it is situated at a crossroads between “romantic pathos, on the one hand, and a nihilistic iconoclasm” on the other: a knowing admission that the Real can never be truly represented, and an oppositional desire to convey it anyways. M knowingly exposes these aesthetic contradictions at the heart of the filmic medium by leaning into its own artificiality, and, in doing so, it prophetically exposes the thinking behind a growingly fascist German state in the 1930s. By the end of my paper, I arrive at the conclusion that the violence found in both twentieth century aesthetics and politics came about as the result of a similarly idealistic principle.


2002 ◽  
Vol 55 (1) ◽  
pp. 1-18 ◽  
Author(s):  
J. C. O'Neill

Adolf von Harnack, perhaps the most influential theologian of the twentieth century, helped the Kaiser to draft his Call to the German People of 6 August 1914, and almost certainly knew that the Kaiser, the Chancellor, and the German army planned to precipitate war that month. Despite that knowledge, Harnack always maintained that Russia and France launched the war. He drew a sharp distinction between private morality and state morality, and asserted that law played no part in either. One and the same spirit rules in history and in us. The dangers of love without law.


Tempo ◽  
1948 ◽  
pp. 25-28
Author(s):  
Andrzej Panufnik

It is ten years since KAROL SZYMANOWSKI died at fifty-four. He was the most prominent representative of the “radical progressive” group of early twentieth century composers, which we call “Young Poland.” In their manysided and pioneering efforts they prepared the fertile soil on which Poland's present day's music thrives.


Sign in / Sign up

Export Citation Format

Share Document