Comparative History and Legal Theory
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Table of Contents

Introduction Retrofitting Liberal Constitutionalism: Constitutional Theory as a Response to the Weimar State Crisis Exorcising the Ghost of Composite States Past: Local Self-Government and Political Stability in the Kaiserreich Guarding the Constitution: The American Model in German Constitutional Politics Rethinking the Role of Courts: Constitutional Democracy as Institutional Dialogue

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Critiques Schmitt's comparative-historical state theory.

About the Author

Jeffrey Seitzer has been a visiting scholar at the Max-Planck Institute for European Legal History and at the Institute for Advanced Legal Studies of the University of London.

Reviews

"Among the studies that deal with Carl Schmitt the catholic, ' the theoretician of the Reich," the decisionist, ' among other characterizations, Jeffrey Seitzer presents us in his Comparative History and Legal Theory: Carl Schmitt in the First German Democracy with an entirely new perspective. Drawing on an impressive knowledge of the Schmitt literature in general and of Schmitt's Constitutional Theory and Guardian of Constitution in particular, Seitzer brilliantly analyzes Schmitt's use of comparative historical arguments and their normative transformations, in the end developing his own version of democratic politics as institutional dialogue."-Prof. Michael Stolleis J.W. Goethe University Executive Director, Max-Planck Institute for European Legal History

"Seitzer's work stands out amidst the recent deluge of scholarship on Carl Schmitt, and it promises to occupy an important position in the intellecutual history of inter-war Germany. At the centre of this work is a sober, discriminating and historically nuanced positioning of Schmitt's constitutional reflections against the practical legal realities of the Weimer Republic. Schmitt's thought emerges from this perspective in a light which is admirably free of demonstrative and polemical gestures. This is likely to add a new dimension to the reception of Schmitt's constitutional theory in the English-speaking world."-Chris Thornhill Lecturer, Department of German King's College, London

?The study by Jeffrey Seitzer....Seitzer convincingly presents the connection between 'Comparative History and Legal Theory'.?-German Historical Institute London

"The study by Jeffrey Seitzer....Seitzer convincingly presents the connection between 'Comparative History and Legal Theory'."-German Historical Institute London

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