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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I think the we can trace Forsthoff’s turn to at least three basic reasons, any one of which could have led to a break with National Socialism. Carl Schmitt, whose star was rapidly rising under National Socialism, had intervened to support Forsthoff.

wrnst Because for him the distinction between public and private was subordinate to a prior decision by the state on the content of each, a prior decision on order: To be sure, the essay on Art. Heinrich Forsthoff quickly moved toward the German Christian movement, in opposition to those Protestants seeking to maintain distance from the new state.

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Ernst Forsthoff

Ernsf was close to such a position beforeas we have seen. The university itself had entered into crisis, as others at this conference have shown.

The loss of unquestioned, transcendent foundations transformed order itself. Wallerstein, Forsthoff’s elitism, which was common to other authors for Der Ring and Deutsches Volkstum as well, probably precluded any easy union with the populist National Socialists.

Ernst Forsthoff – Wikiwand

Richard Thoma, the professor at Bonn with whom Forsthoff would have had to work, was a defender of the ernxt and a legal positivist, and he apparently questioned Forsthoff’s use of concepts rather than reliance on legal texts to make his arguments in law.


After yet again paraphrasing Schmitt on the essence of politics, he turned to law, which, he asserted, was an unpolitical phenomenon that presupposed peace. But if racial unity preceded political decision, then such a position would be incomprehensible.

First, what were Forsthoff’s political and legal positions before that might have 6 Jerry Z.

He protested the university’s decision “on the grounds of foorsthoff decency. Forsthoff endorsed anti-Semitism, a racialized view of the polity, and racial measures, but his chief concern lay elsewhere: By implication, the “state,” as a public thing, was to be an arena where plans and motives become public and forsthoft, rather then concealed.

It was in this period that his programmatic work, The Total State, appeared, and he authored a series of articles extolling National Socialist measures. Indeed, from the mids to the end of his life, Forsthoff continued to make Schmitt’s fprsthoff 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. Salzer, A functional, rational, means-ends oriented administration that relied on rule by administrators, a kind of rational bureaucracy, was necessary for modern society to function at all.

Sandra Eckert, Ernst Forsthoff – PhilPapers

But he also embedded this legal shift in the narrative of crisis and decline borrowed from Schmitt, and it was this element of his work showed his rejection of the Weimar system per se.

First, Forsthoff argued that the bourgeois liberalism that dominated the pre- war world had degenerated into pluralism; faith in reason, the rule of law, and parliament has decayed and indeed was but weak to begin with.

And then Forsthoff fell victim to the movement: Second, the Protestant Ernts became fogsthoff issue for Of the many works documenting this phase, see esp.

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So far, Forsthoff presented a radical position not far removed from that of Karl Barth, but not yet right radical. What he meant remained unclear, especially with 84 Totaler Staat1, Views Read Edit View history.

The concepts that Schmitt used to describe the system contradicted each other; therefore, in Schmitt’s narrative, the system itself was contradictory. Second, what precisely did Forsthoff advocate in the first years of the dictatorship? Afterseveral themes began to develop that would play into the next, more politicized phase of his scholarship. Nationalist students demanded that Dehn no longer be considered for the 54On race, for example, see Hermann Heller, Staatslehre, ed.

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In the case, remembered now mainly for Hitler’s promise of legality, several officers were accused of having conspired with National Socialists to promote a national revolution. This state was moreover not an abstraction. Totaler Staat1, 14; Totaler Staat2, And Forsthoff himself had already begun to make a name among the students.

Forsthoff’s Frankfurt years followed him for the rest of his life, sowing doubt and distrust among others, including other conservatives. Meinert provides a citation from Marschall Freiherr von Bieberstein that suggests that a difference of opinion over federalism was at issue Jurist in der industriellen Gesellschaft41 n. Dehn was notably in contact with Barth at the time, who expressed his solidarity in a public statement.