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Judicializing Schmitt’s “Legality and Legitimacy”
In the Preussen contra Reich case of 1932, Carl Schmitt’s theories on equal chance and law in extreme conditions are interpreted and applied in a...
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Mass Violence and the Continuum of Destruction: A study of C. P. Taylor’s Good
There are important studies that have directly focused on how, in times of conflict, it is possible for previously law abiding people to commit the...
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The Reformed Design Law in Ukraine: What is Right with EU Trade Agreements?
This chapter will examine the recent legal reform of Ukrainian design law against the background of the discussion concerning the adverse effect of...
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Belgian Judicial Actors and the Establishment of the Punishment of Collaboration with the Enemy in the East Cantons
Belgian historical research concerning the repression of collaboration after the Second World War, has mostly overlooked the East Cantons. This...
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The International Community’s Reaction to the Soviet Annexation of the Baltic Republics: The Recognition Dilemma
Multiple viewpoints have been expressed regarding the international community’s reaction to the Soviet Union’s 1940 annexation of Estonia, Latvia,...
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Mens Rea in International Criminal Law: A Look at Eichmann’s Responsibility in the Light of Kant and Arendt
This chapter engages with the question of mens rea, one of the two constitutive elements of responsibility (next to actus reus) in international...
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Reclaiming Rechtsstaat from the Stuntmen of the State
This review article is inspired by Gunter Frankenberg’s work, “Authoritarianism: Constitutional Perspectives” (2020). The attempt is to understand...
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The Long Shadows of the Past: The Federal Ministry of Justice and the Nazi Era
In 1947, eighteen lawyers were called to account under the provisions of Control Council Law No. 10, specifically for crimes against humanity and war...
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Coercion or Privatization? Crisis and Planned Economies in the Debates of the Early Frankfurt School
The 1930s–1940s underwent profound structural economic and political turmoil following the collapse of the nineteenth century liberal market...
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The Nuremberg Principles from Historical, Philosophical, and Contemporary Legal Perspectives
The procedures in Nuremberg and elsewhere for the prosecution of National Socialist acts of violence are now generally recognized as fair, despite a...
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The Nuremberg Trial Against the Major German War Criminal Before the International Military Tribunal (1945–1946)
The Nuremberg Trial is recognised as the basis of modern international criminal law. In less than one year, the four allied powers which had pursued...
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The Discursive Construction of Antisemitism in Nazi Children’s Books: Elvira Bauer’s Trust No Fox (1936) and Ernst Hiemer’s The Poisonous Mushroom (1938)
This article deals with the construction and performance of antisemitism in Nazi children’s books. It provides an explorative discourse analysis of Tru...
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Reconciliation, Transformation, Historical Policy. Legal Aspects of Settlements with Totalitarian Systems Toward Poland Since 1989
The chapter outlines the issues of three basic public institutions in Poland in recent years, concerning the so-called settlements with the...
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Enforceable Duties: Cicero and Kant on the Legal Nature of Political Order
This article seeks to show the importance of Cicero for Kant by pointing out the systematic relationship between their respective views on ethics and...
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The Weimarian Methodological Debate in the Doctrine of Constitutional Law
This chapter deals with the methodologic dispute in jurisprudence under the Weimar democracy in Germany. The author analyses the philosophical and...
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Poking the Bear or Waking the Slee** Beauty? The Potential of Fundamental Rights Complaint Procedures Before the CJEU
The idea of an individual fundamental rights complaint before the CJEU is not new, but the respective discussions have fallen silent after the...
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The Factory of Chorzów Case: A Bridge Between International Law and Private Law
The case concerning the factory of Chorzów (1927–1928) is known as a landmark in public international law: its reasons are often quoted with regard...
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“Equality of Legal Protection”: On the Constitutional Derivation of the Right to Legal Aid in Administrative Proceedings and Its Effects on Legal Persons
This article addresses the question of where in German constitutional law the entitlement to legal aid is rooted and what effects this has on the...
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The Development of the ‘Fortified Democracy’ Concept
This chapter is dedicated to the phenomenon that the Nazis seized power in 1933 in a way that conformed to the constitution. The most important...
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The Law-Affirming Lens
This chapter examines a third lens through which judges of ICTs interpret and explain past events, namely the law-affirmingLaw-affirming lens....