European Political Thought, 1815-1989

By Spencer M. Di Scala; Salvo Mastellone | Go to book overview

14
GERMAN NAZISM

It has been observed that with the fall of the German Empire the doctrine underpinning the German state disappeared because the kaiser represented the German "imperium." From its foundation in 1871, Germany had recognized in the Crown the concrete foundation of state authority. Paul Laband, in the first volume of his Das Staatsrecht des deutschen Reiches [The Public Law of the German Empire] ( 1876-1882), pointed to the imperial constitution as the legal basis of the Reich; the state as a juridical person had behind it the physical person of the emperor, who, in his turn, represented the German people. In this way state power operated through the kaiser and the state apparatus he directed. In the postwar political context, which legal authority was capable of restoring moral force to the state, in whose name Bismarck had given national unity to Germany?

Many observers believed that Parliament could become the concrete expression of the state's organic unity because it represented the people and expressed the two fundamental functions of political life--the legislative and the executive. If the old political doctrine had justified the kaiser's monarchical government, according to jurists such as Hugo Preuss and Hans Kelsen, the new republican state had to find its juridical reason for existing in Parliament.


THE FAILURE OF PARLIAMENT

Unfortunately for this theory, Parliament--with its shifting majorities, its unstable changes, the alterations caused by elections--did not appear able to lend authority to the state and constitute the foundation of its sovereignty. Moreover, the legal order lost at least part of its legitimacy because of its dependence on the legislative choices of an uncertain parliamentary majority. Criticisms such as these were voiced against Kelsen

-171-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
European Political Thought, 1815-1989
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 258

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.