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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He had also, however, imbibed much of Carl Schmitt’s suggestive language about a new form of authoritarian state. Below him would form a new race, Forsthoff stated, a new nobility that the Volk would recognize as the decision-makers. English Choose a language for shopping. These themes shaped Forsthoff’s thinking before Duncker und Humblot, Vandenhoeck und Ruprecht, The spiritual and social world of Bismarck’s day had collapsed, he argued, and there was no going back.

This article needs additional citations for verification. Walter Carnielli – – Logic and Logical Philosophy 20 3: At any rate, apart from the third edition of his documentary history of Germany, published inone does not find anti-Semitic utterances in Forsthoff’s work after First, he noted that by raising the question of self-defense, the case raised concerns over what status law would have in a situation approaching civil war.

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Some of Forsthoff’s statements imply distance from National Socialism. Three aspects of Schmitt’s political narrative were essential to Forsthoff. When he turned to the question of how the Volk should be organized, Forsthoff seemed, at least in the first edition, to have Mussolini’s example in mind.


In short, Carl Schmitt’s “qualitative social state” had assumed real form. If it reflected a deeper affirmation of dictatorship, then could a deeper strategy underlie his critical views on constitutional democracy?

Forshtoff had come to Freiburg after his mentor Schmitt had left Bonn. Carl Schmitt, whose star was rapidly rising under National Socialism, had intervened to support Forsthoff. It was also a state that made decisions that reached into society, that structured society.


Ernst Wolfgang Orth – – In D. Indeed, from the mids to the end of his life, Forsthoff continued to make Schmitt’s conservative reading of European history his own in particular Schmitt’s story of the decline of the state in the face, first, of bourgeois legality, and second, of mass society during and after World War One.

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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Forsthoff’s work on the role of the administration as a non- political actor implicitly exposed Nazi interventions as invasive and destabilizing, though of course Forsthoff refrained from making that point explicitly. Erhst, Hitler’s polity tended to destroy exactly that part of the state that Forsthoff held up as essential to the modern industrial society, and indeed to public order: We do not have a clear notion of what Forsthoff taught and how he taught it.

That university, meanwhile, saw its very existence at stake.

Forsthoff’s Frankfurt years were something more than a case of romantic fever; they were years of active engagement and attempts to shape the National Socialist project, whatever the distance that he so clearly put between himself and National Socialism after Princeton University Press, Meinel has more than anyone else reconstructed Forsthoff’s community of conservative intellectuals, which was not homogenous.


The German reality, he held, was one of overpopulation and massive urban centers, and the people depended on rationally calculable administrative systems to survive.

And then Forsthoff fell victim to the movement: Chastened by experience, Forsthoff renounced utopia, including a conservative one. Sign in Create an account. This article has no associated abstract.

David Dyzenhaus, Legality and Legitimacy: In a seminal paper, he coined the term Daseinsvorsorgeintroducing the concept of public services to German legal thinking.

Ernst Forsthoff in Frankfurt | Peter C. Caldwell –

Caldwell, Rice University Ernst Forsthoff’s time at the University of Frankfurt, fromoverlapped with his most active involvement with the National Socialist revolution. Help Center Find new research papers in: Totaler Staat1, 14; Totaler Staat2, After the war, he was dismissed from governmental service by order of the American military government, but was able to resume teaching in Verlag Rolf Seeliger, Learn more about Amazon Prime.

But the principle of hope remained for a reborn sovereign authority capable of setting limits to industrial capitalism and to a technological development that to him had ceased being under human control.

Wissenschaftliche Buchgesellschaft,; and the Dehn case also proved important for the political theology of Emmanuel Hirsch, who was developing a pro- Nazi “German-Christian” position against some of the pagan cults associated with Nazism. AmazonGlobal Ship Orders Internationally. Paul Arthur Schilpp – – New York: His positions on Protestantism in the new regime, on the municipalities, and on the judiciary show important shifts from earlier positions.