OXFORD UNIVERSITY PRESS Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Athens Auckland Bangkok Bogotá Buenos Aires Calcutta Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Paris São Paulo Singapore Taipei Tokyo Toronto Warsaw with associated companies in Berlin Ibadan Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York © David Dyzenhaus 1997 The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 1997 First published in paperback 1999 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose this same condition on any acquiror British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Dyzenhaus, David. Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar/ David Dyzenhaus. p. cm. Includes bibliographical references. 1. Rule of law. 2. Legitimacy of governments. 3. Germany-- Politics and government-- 1918-1933. I. Title. K3171.D99 1997 97-11502 340′.11--dc21 ISBN 0-19-826062-8 ISBN 0-19-829846-3 (Pbk) 1 3 5 7 9 10 8 6 4 2 Printed in Great Britain on acid-free paper by Bookcraft Ltd., Midsomer Norton, Somerset -iv- |