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The Remnants of the RechtsstaatAn Ethnography of Nazi Law$
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Jens Meierhenrich

Print publication date: 2018

Print ISBN-13: 9780198814412

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780198814412.001.0001

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The Making of a Cause Lawyer

The Making of a Cause Lawyer

Chapter:
(p.55) 3 The Making of a Cause Lawyer
Source:
The Remnants of the Rechtsstaat
Author(s):

Jens Meierhenrich

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198814412.003.0003

This chapter provides the biographical and historical context necessary for understanding Fraenkel and his time. The analysis is organized into three sections: his early years, the Weimar Years, and the Nazi years. In the first section, I trace Fraenkel’s upbringing in a secular household influenced by the so-called Jewish Enlightenment, or Haskalah; explore the origins of his life-long predilection for social democracy; and recount the intellectual effects of his military service in World War I. In the second section, I reconstruct Fraenkel’s education and socialization as a young lawyer and interpret Fraenkel’s most important Weimar-era writings. I explicate the roles they played in preparing the ground for the writing of The Dual State. In the third section, finally, I commence my analysis of Fraenkel’s Nazi-era thought and conduct up until his escape to freedom in 1938.

Keywords:   cause lawyering, legalism, rule of law, social democracy, Weimar Germany, Nazi Germany, Dual State, Fraenkel, Neumann

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