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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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forsthoff Peter Lang,; Meinel, Jurist in der industriellen Gesellschaft, Dehn had raised the question of whether soldiers, who consciously efnst to kill humans in wartime, could be permitted burial on church grounds; Dehn also questioned the practice of erecting war memorials in churches.

The only proper constitutional amendment, in other words, had to change the text for the foreseeable future, rather than suspending rules for a certain length of time—a definition not in evidence in the constitutional document itself.

Ernst Forsthoff – Wikipedia

Available for download now. He agreed, of course, with their condemnations of Dibelius, whose discussion of just war raised the possibility of an unjust German war.

Meinel has carefully noted the points where Forsthoff distinguished his interpretation from Schmitt. First, Forsthoff began to elaborate on the meaning of World War One for German institutions, putting Schmitt’s criticism fforsthoff the bourgeois Rechtsstaat into an immediate political narrative. The last words of his essay, however, suggested a different kind of redemption through the state, close to that of Wilhelm Stapel, the radical nationalist, anti-Semitic Protestant publisher of Deutsches Volkstum.


But he also 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. After yet again paraphrasing Schmitt on the essence of politics, he turned to law, which, he asserted, was an unpolitical phenomenon that presupposed peace. With good reason, those who sought to ban Forsthoff from the academy after pointed to this work. Once more, the suspension fofsthoff critical judgment is breathtaking.

He stated that neither culture, economy, family, nor market could be completely subjected to administrative control. The decision for Forsthoff was a decision to transform the law school on National Socialist lines; as Notker Hammerstein has shown, the new professorship was granted also with the aim of “the political education of the student body.

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The spiritual fordthoff social world of Bismarck’s day had collapsed, he argued, and there was no going back. Duncker und Humblot, and passim. A private university in an overwhelmingly public university landscape, a university that did not practice discrimination against Jews in hiring, a university, in other words, open to qualified professionals–precisely this institution would suffer when the National Socialists came to power.


Jurist in der industriellen Gesellschaft, Fink, Koenen, Der Fall Carl Schmitt, His desire to make Schmitt’s state a reality led to a suspension of his critical and complex legal judgment, I will argue.

Krise der Gemeindeverwaltung, Forsthoff was a leading author of the Constitution of Ersnt and was president of the Supreme Constitutional Court of Cyprus from to The passage disappears from the second edition.

Schmitt for him was not an ambiguous intellectual adventurer, but a beacon, providing sure insights into the crisis of the modern world.

Glanville – – Constructivist Foundations 2 Get fast, free shipping with Amazon Prime. Not that he avoided controversy. Ernst Cassirer in 20th Century Philosophy. Amazon Second Chance Pass it on, trade it in, give it a second life. Request removal from index.

Duncker und Humblot,32 n. Muller, The Other God that Failed: Some of Forsthoff’s statements imply distance from National Socialism. And he looked with interest at the Nazis.