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Post-graduate theses

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Identifier

000437770

Title

Απολυταρχισμός : το παράδειγμα του διττού κράτους στο Τρίτο Ράιχ και η λειτουργία των νόμων

Alternative Title

Authoritarianism : the example of the dual state in the Third Reich and the law implementation

Author

Ανδρουλιδάκης, Γιάννης

Thesis advisor

Λαβράνου Αλίκη

Reviewer

Κουμπουρλής Ιωάννης
Νουτσόπουλος Θωμάς

Abstract

The present master’s dissertation in Sociology of Law (within the realm of the Faculty of Social Sciences) studies the novel forms of the German judicial and law system during the first years of the Third Reich, from 1933 to 1938, by reading and investigating Ernst Fraenkel’s original —though non-famous—theory of the Dual State in his detailed account of his everyday observation of the process of lawas a practicing attorney in Berlin: The Dual State; A contribution to the Theory of Dictatorship (New York, 1941). According to Fraenkel’s theory, in National Socialist Germany there are two coexistent states: that is to say,Fraenkel claims that there is a dualism between the ‘‘Prerogative State’’ and the ‘‘Normative State’’ in the emerging legal system of the Third Reich. By the former the author means ‘‘that governmental system which exercises unlimited arbitrations and violence unchecked by any legal guarantees’’ and by the latter ‘‘an administrative body endowed with elaborate powers for safeguarding the legal order as expressed in statutes, decisions of the courts and activities of the administrative agencies.’’ In Fraenkel’s opinion the antithetical parts of the German law system also satisfy the needs of the new monopoly-capitalism that is heavily intertwined with numerous elements of bureaucratic state control. The principles governing this idea of dichotomy, the new functions ascribed to the state organs operative in each, as well as the concerns and practical issues raised by the conception of the prerogative and normativepattern in the German Law of the years 1933-1938 are all addressed within the pages of this thesis which unequivocally adopts and showcases the theoretical and empirical force of the multidisciplinary approach used by Ernst Fraenkel himself.

Language

Greek

Subject

Dual state

Fraenkel

Jurisprudence

Trird Reich

Διττό κράτος

Νομολογία

Τρίτο Ράιχ

Issue date

2020