Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University, and coauthor of The Longest Night: Polemics and Perspectives on Election 2000 (California, 2002). Bernhard Schlink is Professor of Public Law and Legal Philosophy at Humboldt Universitat zu Berlin. His novel, The Reader (trans. 1999), has won critical acclaim in German and in English.

"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. Very significant for contemporary debates about the relationship between state, law, and constitution."-Ulrich Karl Preuss, Freie Universitat Berlin

• Preface Translation and Apparatus Introduction. Constitutional Crisis: The German and the American Experience, by Arthur J. Jacobson and Bernhard Schlink Prologue. The Shattering of Methods in Late Wilhelmine Germany Introduction, by Stefan Korioth On Legal Theory and Sociology (1911), by Max Weber Constitutional Amendment and Constitutional Transformation (1906), by Georg Jellinek On the Borders between Legal and Sociological Method (1911), by Hans Kelsen Statute and Judgment (1912), by Carl Schmitt 1. Hans Kelsen Introduction, by Clemens Jabloner Legal Formalism and the Pure Theory of Law (1929), by Hans Kelsen On the Essence and Value of Democracy (1929), by Hans Kelsen 2. Hugo Preuss Introduction, by Christoph Schoenberger The Significance of the Democratic Republic for the Idea of Social Justice (1925), by Hugo Preuss 3. Gerhard Anschutz Introduction, by Walter Pauly Three Guiding Principles of the Weimar Constitution (1922), by Gerhard Anschutz 4. Richard Thoma Introduction, by Peter C. Caldwell The Reich as a Democracy (1930), by Richard Thoma 5. Heinrich Triepel Introduction, by Ralf Poscher Law of the State and Politics (1926), by Heinrich Triepel 6. Erich Kaufmann Introduction, by Stephen Cloyd On the Problem of People's Will (1931), by Erich Kaufmann 7. Rudolf Smend Introduction, by Stefan Korioth Constitution and Constitutional Law (1928), by Rudolf Smend 8. Hermann Heller Introduction, by David Dyzenhaus Political Democracy and Social Homogeneity (1928), by Hermann Heller The Essence and Structure of the State (1934), by Hermann Heller 9. Carl Schmitt Introduction, by Volker Neumann The Status Quo and the Peace (1925), by Carl Schmitt The Liberal Rule of Law (1928), by Carl Schmitt State Ethics and the Pluralist State (1930), by Carl Schmitt Epilogue. The Decline of Theory Introduction, by Reinhard Mehring The Total State (1933), by Ernst Forsthoff Legal Community as National Community (1935), by Reinhard H{od}hn The Constitution of Freedom (1935), by Carl Schmitt The Administration as Provider of Services (1938), by Ernst Forsthoff New Foundations of Administrative Law (1934), by Theodor Maunz Administration (1937), by Theodor Maunz Constitution (1937), by Ernst Rudolf Huber Form and Structure of the Reich (1941), by Ernst Rudolf Huber "Positions and Concepts": A Debate with Carl Schmitt (1941), by Ernst Rudolf Huber Reich, Sphere of Influence, Great Power (1942), by Reinhard Hohn Notes Editors and Contributors Copyright Acknowledgments Index

Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University, and coauthor of The Longest Night: Polemics and Perspectives on Election 2000 (California, 2002). Bernhard Schlink is Professor of Public Law and Legal Philosophy at Humboldt Universitat zu Berlin. His novel, The Reader (trans. 1999), has won critical acclaim in German and in English.

"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. Very significant for contemporary debates about the relationship between state, law, and constitution."-Ulrich Karl Preuss, Freie Universitat Berlin

• Preface Translation and Apparatus Introduction. Constitutional Crisis: The German and the American Experience, by Arthur J. Jacobson and Bernhard Schlink Prologue. The Shattering of Methods in Late Wilhelmine Germany Introduction, by Stefan Korioth On Legal Theory and Sociology (1911), by Max Weber Constitutional Amendment and Constitutional Transformation (1906), by Georg Jellinek On the Borders between Legal and Sociological Method (1911), by Hans Kelsen Statute and Judgment (1912), by Carl Schmitt 1. Hans Kelsen Introduction, by Clemens Jabloner Legal Formalism and the Pure Theory of Law (1929), by Hans Kelsen On the Essence and Value of Democracy (1929), by Hans Kelsen 2. Hugo Preuss Introduction, by Christoph Schoenberger The Significance of the Democratic Republic for the Idea of Social Justice (1925), by Hugo Preuss 3. Gerhard Anschutz Introduction, by Walter Pauly Three Guiding Principles of the Weimar Constitution (1922), by Gerhard Anschutz 4. Richard Thoma Introduction, by Peter C. Caldwell The Reich as a Democracy (1930), by Richard Thoma 5. Heinrich Triepel Introduction, by Ralf Poscher Law of the State and Politics (1926), by Heinrich Triepel 6. Erich Kaufmann Introduction, by Stephen Cloyd On the Problem of People's Will (1931), by Erich Kaufmann 7. Rudolf Smend Introduction, by Stefan Korioth Constitution and Constitutional Law (1928), by Rudolf Smend 8. Hermann Heller Introduction, by David Dyzenhaus Political Democracy and Social Homogeneity (1928), by Hermann Heller The Essence and Structure of the State (1934), by Hermann Heller 9. Carl Schmitt Introduction, by Volker Neumann The Status Quo and the Peace (1925), by Carl Schmitt The Liberal Rule of Law (1928), by Carl Schmitt State Ethics and the Pluralist State (1930), by Carl Schmitt Epilogue. The Decline of Theory Introduction, by Reinhard Mehring The Total State (1933), by Ernst Forsthoff Legal Community as National Community (1935), by Reinhard H{od}hn The Constitution of Freedom (1935), by Carl Schmitt The Administration as Provider of Services (1938), by Ernst Forsthoff New Foundations of Administrative Law (1934), by Theodor Maunz Administration (1937), by Theodor Maunz Constitution (1937), by Ernst Rudolf Huber Form and Structure of the Reich (1941), by Ernst Rudolf Huber "Positions and Concepts": A Debate with Carl Schmitt (1941), by Ernst Rudolf Huber Reich, Sphere of Influence, Great Power (1942), by Reinhard Hohn Notes Editors and Contributors Copyright Acknowledgments Index

Arthur J. Jacobson is Max Freund Professor of Litigation and Advocacy at the Benjamin N. Cardozo School of Law, Yeshiva University, and coauthor of The Longest Night: Polemics and Perspectives on Election 2000 (California, 2002). Bernhard Schlink is Professor of Public Law and Legal Philosophy at Humboldt Universitat zu Berlin. His novel, The Reader (trans. 1999), has won critical acclaim in German and in English.

"An important resource, it includes the most significant and influential texts representative of the political and conceptual diversity of the intellectual approaches of that time. Very significant for contemporary debates about the relationship between state, law, and constitution."-Ulrich Karl Preuss, Freie Universitat Berlin

• Preface Translation and Apparatus Introduction. Constitutional Crisis: The German and the American Experience, by Arthur J. Jacobson and Bernhard Schlink Prologue. The Shattering of Methods in Late Wilhelmine Germany Introduction, by Stefan Korioth On Legal Theory and Sociology (1911), by Max Weber Constitutional Amendment and Constitutional Transformation (1906), by Georg Jellinek On the Borders between Legal and Sociological Method (1911), by Hans Kelsen Statute and Judgment (1912), by Carl Schmitt 1. Hans Kelsen Introduction, by Clemens Jabloner Legal Formalism and the Pure Theory of Law (1929), by Hans Kelsen On the Essence and Value of Democracy (1929), by Hans Kelsen 2. Hugo Preuss Introduction, by Christoph Schoenberger The Significance of the Democratic Republic for the Idea of Social Justice (1925), by Hugo Preuss 3. Gerhard Anschutz Introduction, by Walter Pauly Three Guiding Principles of the Weimar Constitution (1922), by Gerhard Anschutz 4. Richard Thoma Introduction, by Peter C. Caldwell The Reich as a Democracy (1930), by Richard Thoma 5. Heinrich Triepel Introduction, by Ralf Poscher Law of the State and Politics (1926), by Heinrich Triepel 6. Erich Kaufmann Introduction, by Stephen Cloyd On the Problem of People's Will (1931), by Erich Kaufmann 7. Rudolf Smend Introduction, by Stefan Korioth Constitution and Constitutional Law (1928), by Rudolf Smend 8. Hermann Heller Introduction, by David Dyzenhaus Political Democracy and Social Homogeneity (1928), by Hermann Heller The Essence and Structure of the State (1934), by Hermann Heller 9. Carl Schmitt Introduction, by Volker Neumann The Status Quo and the Peace (1925), by Carl Schmitt The Liberal Rule of Law (1928), by Carl Schmitt State Ethics and the Pluralist State (1930), by Carl Schmitt Epilogue. The Decline of Theory Introduction, by Reinhard Mehring The Total State (1933), by Ernst Forsthoff Legal Community as National Community (1935), by Reinhard H{od}hn The Constitution of Freedom (1935), by Carl Schmitt The Administration as Provider of Services (1938), by Ernst Forsthoff New Foundations of Administrative Law (1934), by Theodor Maunz Administration (1937), by Theodor Maunz Constitution (1937), by Ernst Rudolf Huber Form and Structure of the Reich (1941), by Ernst Rudolf Huber "Positions and Concepts": A Debate with Carl Schmitt (1941), by Ernst Rudolf Huber Reich, Sphere of Influence, Great Power (1942), by Reinhard Hohn Notes Editors and Contributors Copyright Acknowledgments Index