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  • Print publication year: 2020
  • Online publication date: August 2020

4 - Fraenkel as a Scholar Condemning the Nazi Regime’s Dual State


Fraenkel’s book The Dual State has stood out for the first and third of its three parts. The first part set forth a provocative analysis of the Nazi legal system, dividing it into the prerogative and normative states. The third part argued that Nazism served the needs of late monopoly capitalism, drawing the sting of later critics. But the middle part on Nazism’s legal doctrine, tucked between the earlier part with pioneering analysis and the later one with a dated interpretation, has, at least until recently, suffered neglect.