The Dual State: a Contribution to the Theory of Dictatorship

New York; London; Toronto: Oxford University Press. Very Good in Very Good dust jacket. 1941. First Edition. Hardcover. KB17...xvi, 248 pp. Notes, appendix, table of cases, index. Octavo. Original brown paper dust jacket with brown title to front and spine. DJ spine is darkened, top of DJ spine is bit crumpled, back DJ is sunned, short tear at top front, front flap price clipped. Book itself has dark red covers with gilt to spine and front cover, covers are bright and clean. Interior paper is generally uniformly toned, end papers are oxidized at the gutter, pencil erasure top corner of first fly, otherwise clean and unmarked. A very nice copy. The 1st edition of this important work, translated into English for this publication. A highly influential work on the legal origins of democracy and dictatorship and the only legal analysis of the powers of the Nazi dictatorship prepared from within the regime. Fraenkel (1898-1975) was a German-Jewish lawyer and political scientist who represented Jews accused of crimes by the Nazi regime. He left Germany in 1938, ending up in the US. , where he studied American law at the University of Chicago Law School, graduating in 1941. During this period he revised and completed a manuscript that he had brought with him from Germany. Published in 1941 as The Dual State, it analyses the political system of the Nazi state. For Fraenkel there coexisted in the Nazi government a "normative state" (Normenstaat) , which secured the continuation of capitalist society for those Germans not threatened by Nazism, and a "prerogative state" (Massnahmenstaat) , which used legal sanctions as well as brutal violence against people considered to be enemies of Nazism and Nazi Germany. A scarce first edition with the scarcer dust jacket. ; 8vo 8" - 9" tall; 248 pages .