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DEVELOPMENTS. Review Essay – Ernst Forsthoff and the Intellectual. History of German Administrative Law. By Florian Meinel*. [Christian Schütte, Progressive. Briefwechsel Ernst Forsthoff – Carl Schmitt (German Edition) Jun 04, by Angela Reinthal, Reinhard Mußgnug, Dorothee Mußgnug. Request PDF on ResearchGate | On Jan 1, , Florian Meinel and others published Review Essay – Ernst Forsthoff and the Intellectual History of German.

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Festschrift for Ernst von Glasersfeld. Retrieved from ” https: To reach this new state, however, the Reich would have to be reorganized from top to bottom, perhaps around a new Prussia whose government was unified with that of the Reich as a whole.

His work on Art. First, Forsthoff began to forsghoff on the meaning of World War One for German institutions, putting Schmitt’s criticism of the bourgeois Rechtsstaat into an immediate political narrative.

Forsthoff”Entpolitisierung oder totale Mobilmachung,” Der Ring 4: Muller, The Other God that Failed: It assumes that the problem of interests—the problem that is in some ways constitutive of modern political theory—is simply resolved by the presence of a unitary political authority and a homogenous community.

Walter de Gruyter, esp. Forsthoff did not find any tragedy in the judgment against the officers—he did not, in other words, suggest that they owed allegiance to a party rather than to the state. The first edition of Der ernsst Staat was a wrnst exercise in right-radical utopian thought. Weimar lawyers, worst forsthofc all, could not even grasp the internal logic of the bourgeois Rechtsstaat, for example the way that it should have forbidden the expropriation of the property of the former governing royal families.

Only 1 left in stock more on the way. Deutsche Verfassungsgeschichtsschreibung Munich: It was the product of “a basically unpolitical ideologue,” Hugo Preuss, and not the product of “creative political forces,” he did not specify what.

He did, however, offer forsthorf lectures on the topic “Justice and Judge” Recht und Richteraccording to Bernhard Diestelkamp, and the essay he published in the Deutsches Adelsblatt on “Justice, Judge, and the National Socialist Revolution” may well have reflected the content of his lecture.


Once more, the suspension of critical judgment is breathtaking. Heinrich Forsthoff quickly moved toward the German Christian movement, in opposition to those Protestants seeking to maintain distance from the new state. Second, the Protestant Church became an issue for Of the many works documenting this phase, see esp.

Sandra Eckert, Ernst Forsthoff – PhilPapers

Duncker und Humblot, These themes shaped Forethoff thinking before Therefore, Forsthoff stated, Jewish judges could only be tolerated as a transitional phenomenon. Jurist in der industriellen Gesellschaft, His influential textbook Lehrbuch des Verwaltungsrechts also emphasized the comprehensive responsibility of the state for society, preferring to focus on the functioning of government rather than on its possible failure.

With these issues in mind, the present essay seeks to answer two questions. Jurist in der industriellen Gesellschaft, He did not call for the murderers to be vorsthoff he did suggest, however, that enrst judiciary would be “relieved” if the Reichswehrminister Schleicher had the right in a situation of near civil war to grant clemency, rather than the Prussian Minister of State.

Amazon Drive Cloud storage from Amazon. The homogeneity of that community, meanwhile, remained in Forsthoff as in Schmitt before unclear indeed, its different aspects—language, history, culture, race—are the same ones that Forsthoff’s predecessor at Frsthoff, Hermann Heller, would identify–though with a care, precision, and sharp analysis that are missing in Forsthoff’s account.

The loss of unquestioned, transcendent foundations transformed order itself. Krise der Gemeindeverwaltung, The Importance of Being Ernst: As Forsthoff argued, “Luther completely ripped apart the connection between earthly kingdom and divine commandment.

He offered a historical narrative and political analysis of the inevitable instability of liberal democracy, and the threat it posed to order, a history that paralleled the grand reactionary narratives of Joseph de Maistre and others of the nineteenth century, updating them for the cynical mood of post-war Germany. Forsthoff was a leading author of the Constitution of Cyprus and was president of the Supreme Constitutional Court of Cyprus from to Wissenschaftliche Buchgesellschaft, 96 Heller’s call for a stronger parliamentary government in “Ziele und Grenzen einer deutschen Verfassungsreform,” in Gesammelte Schriften, ed.


Please try your request again later. The Gleichschaltung of religious organizations represented a victory for Forsthoff’s image of a regenerated state. Or did he remain at the core an ideologue? This article has no associated abstract. He was willing to subject his Protestant church to the whims of the National Socialist state; he was willing to see communal self-government subordinate to local party leaders; he was willing to throw overboard long-standing legal traditions of the German lands, most important the principle of judicial independence, and indeed to call for facts to overwhelm words in legal practice.

Inhe still assumed that Hindenburg “incorporates the state per se,” Hitler by implication did not yet possess such authority. The law school faced five vacant positions, including all but one professor of public law, and was on the verge of shutting down. It was time now for a new state, based on real political authority, unifying all of the German world.

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This state was moreover not an abstraction. Thoma’s more basic political distrust of Schmitt, however, may have played a far greater role.

The Frankfurt years still matter for our understanding of Ernst Forsthoff. But he flrsthoff embedded this legal shift in the narrative of crisis and decline borrowed from Schmitt, and it was this element of his work showed his rejection of the Weimar system per se.

But such an assumption would seem to make the racial identity of the German Volk the result, not the cause, of the decision. Nationalist and Nazi students had disrupted lectures in law by democrats and Jews, such as Hans Nawiasky and Hans Kelsen.