The Fraenkel book is online and available at Link: https://archive.org/details/in.ernet.dli.2015.13142/mode/2up
> On Jan 27, 2026, at 08:18, Patrice Riemens via nettime-l > <[email protected]> wrote: > > > Hola Aloha > > Re: is the Trumpian USA in the process of transitioning to fascism or is it > already a full fledged fascist state or has it even gone beyond that? > Here maybe a 'crutch at the light of which we can navigate the chariot of our > thoughts on the verge of the vulcano' (-Le Sapeur Camembert): > > Book: > The Dual State: A Contribution to the Theory of Dictatorship Get access Arrow > Ernst Fraenkel (1941), Jens Meierhenrich (2017) > > https://academic.oup.com/book/35937 > > > Abstract > > This text, first published in 1941, provides a comprehensive analysis of the > rise and nature of National-Socialism, and is the only such analysis written > from within Hitler’s Germany. Its central thesis is that two states > co-existed in National-Socialist Germany—hence, Fraenkel’s invention of the > concept of the dual state. This was comprised of a normative state (which > protected the legal order as expressed in legislation, decisions of the > courts, and decisions of administrative bodies) and a prerogative state > (governed by the ruling party, and unrestrained by legal guarantees). The > relationship and conflict between these states is analyzed through decisions > of the German courts and the development of judicial practice. The book is > divided into three parts. The first part describes the existing legal order. > The second part attempts to show that the parallel structures within Germany > radically affected German politics and society. The third part delves into > the relationship between the dual Nazi state and German capitalism. It asks > whether the rise of the dual state was a consequence of a crisis in > capitalism. While this book is primarily a first-hand account and analysis of > the dual state’s operation in National-Socialist Germany, it retains its > vital relevance for the theory of democracy in the twenty-first century. > > > (This republication of the 1941 English edition includes both Fraenkel’s 1974 > introduction to the German second edition, never before published in English, > and a new introduction by Professor Jens Meierhenrich of the London School of > Economics and Political Science that places the book in theoretical and > historical context and assesses its lasting legacy.) > > > Just another few Zimbucks on the pile ... > CiaoCiao, p+2D! > > > -- > # distributed via <nettime>: no commercial use without permission > # <nettime> is a moderated mailing list for net criticism, > # collaborative text filtering and cultural politics of the nets > # more info: https://www.nettime.org > # contact: [email protected] -- # distributed via <nettime>: no commercial use without permission # <nettime> is a moderated mailing list for net criticism, # collaborative text filtering and cultural politics of the nets # more info: https://www.nettime.org # contact: [email protected]
