Learning From Franz L. Neumann: Law, Theory, and the Brute Facts of Political Life

Description

Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed by his mentor, Hugo Sinzheimer, was to engage in a project to displace the law of property as the basic frame of human relations. The defeat of Weimar and the years of exile called many things into question for Neumann, but not the conjunction between a practical democratic project to establish social rights and an effort to find a rational strategy to explain the failures, and to orient a new course of conduct. "Learning from Franz Neumann" pays special attention to Neumann's efforts to break down the conventional divide between political theory and the empirical discipline of political science. Neumann was a remarkably effective teacher in the last years of his life, but he was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking. Cover Front Matter Half-title Title page Copyright information Table of Contents Chapters 1-11 Chapter 1 The Challenge of Franz L. Neumann Notes Chapter 2 Social Constitution, Social Power and Responsibility: Neumann and Labor Advocacy Marxism and Law Neumann’s First Studies: The State and Coercion Labor, Law and the Republic Neumann and the Promise of Labor Law Notes Chapter 3 Power, Resistance and Constitutions The Rise of Cartels Resisting the Resistance to the Weimar Regime A Constitution within the Constitution The Question of Pluralism: Franz Neumann and Carl Schmitt Complementarity between Legal Authority and Social Power The Last Defense of the Weimar Regime Notes Chapter 4 Franz Neumann’s Commemoration of Exile Notes Chapter 5 After Weimar: The First Exile Overview of Neumann’s Writings in England, 1933–36 A Cautionary Postmortem for English Readers Critique and Self-Critique: Anti-Fascism A Second Academic Dissertation: Can Law (Still) Rule? Law, Sociology and the Puzzle of Rationality The Usable Legacy: Thomas Aquinas to Hegel A Defense of Rule of Law in the Liberal Nation-State The Distinctive Character of the Rechtsstaat The Destruction of Law in Germany Inconclusive Conclusions: Law after Liberalism Notes Chapter 6 Neumann’s Second Exile: Negotiating the Politics of Research Neumann’s Contested Place The Quest to Explicate the Research Methodologies of the Frankfurt School A Practical Bargain: Recasting the Research Proposal for Anti-Semitism Notes Chapter 7 No Happy End: Unprofitable Negotiations Anti-Fascism in America: Paul Tillich’s 1938 Theses Pragmatic Compromise on Natural Law The Rise and Decline of the Institute’s Germany Project Notes Chapter 8 Behemoth: Wars Can Be Lost Leviathan and Behemoth The Failure of Labor and the Dissolution of Weimar Totalitarianism against the State The Economic Structure and Dynamics of the National Socialist Regime Ordering the Classes Divided Rule No Law: Domination Through Organization, Isolation and Harm No Political Theory—Not a State Notes Chapter 9 Franz Neumann in Washington: The Political Intellectual at War Neumann Comes to the Office of Strategic Services A Brief Introduction to the Structure and Organization of OSS’s R&A Division The Early Analyses of Nazi Germany: The Pre-Neumann Years Neumann at OSS: Analyses of Nazi Germany, 1943–44 An Alternative Reading: Neumann as “Ruff” Adapting to the Brute Facts: 1944–45 Preparation for the Nuremburg Trials Notes Chapter 10 Franz Neumann in the University: La guerre est finie American Policy for Postwar Germany: Analysis and Advocacy The German Reeducation Project Professor of Public Law and Government Political Studies and the Free University of Berlin For American Political Science: Montesquieu as Flawed Model Democracy and Dictatorship, Summer 1951 A Brief for a New American Political Science The Projected Classic: Political Systems and Political Theory Notes Chapter 11 The Legacy: Four Studies Political Power Political Freedom Rationality in the Theory of Political Freedom Volition in the Theory of Freedom The Present Crisis Anxiety and Politics What Remains: Political Study and Political Education Notes Conclusion End Matter Index