• June 14, 2019

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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And Forsthoff also had battles with the university administration. Forsthoff remained a conservative Protestant like his father, and like his father he was critical of the role of the church in the Weimar Republic.

For Forsthoff, it was a forsthofg step forward to eliminate forsthkff elections; for the local Gauleiter to appoint in their place municipal councils; and to require SA and SS representation on the councils. So far, Forsthoff presented a radical position not far removed from that of Karl Barth, but not yet right radical. Such was the fate of the church in the modern world, torn between the divine kingdom and fallen mankind.

Ernst Forsthoff as Activist At the beginning forshtoffErnst Forsthoff was in Freiburg, where he had recently completed his Habilitationsschrift under the direction of Fritz Marschall von Bieberstein.

But Schmitt was more than that for Forsthoff and for other young, anti- republican intellectuals in the Republic. Already inaccording to Reinhard Mehring, Schmitt referred to Ernst Forsthoff as a “hideous man” scheusslicher Kerl. Provide feedback about this page.

Once more, the suspension of critical judgment is breathtaking. Request removal from index. Carl Schmitt, whose star was rapidly rising under National Socialism, had intervened to support Forsthoff. Log In Sign Up. The statement is reminiscent of Mussolini’s dictum that the state precedes the people.


Pluralism proved the major threat to the unity of the state. Klein, Forsthoff stated that he had initially pinned “high hopes on National Socialism” and had a positive relationship to the movement, but by had “seen his error and from a supporter became a determined opponent. Please try your request again later. Such a position would, however, have brought consequences for a young fofsthoff with a young family. Nationalist and Nazi students had disrupted lectures in law by democrats and Jews, such as Hans Nawiasky and Hans Kelsen.

Sandra Eckert, Ernst Forsthoff – PhilPapers

Sometime in orersnt, he broke with the party and with his mentor Carl Schmitt, who was seeking to solidify his place as the crown jurist of National Socialism through radical attacks on Jews in the German legal tradition. Once more, Forsthoff’s writing shows him to be a cheerleader for the new rulers. He stated that neither culture, economy, family, nor market could be completely subjected to administrative control.

And already here one can identify the points where Forsthoff’s views would not completely conform with the hard core of National Socialist thought. Forsthoff”Entpolitisierung oder totale Mobilmachung,” Der Ring 4: Some of Forsthoff’s statements imply distance from National Socialism.

His positions on Protestantism in the forethoff regime, on the municipalities, and on the judiciary show important shifts from earlier positions. Monthly downloads Sorry, there are not enough data points to plot this chart. Forsthoff”Politische Geschichtsschreibung ohne Staatsidee? The judge would not be the mouth of the law, in Montesquieu’s words, but rather the voice “through which the legal consciousness of the Volk speaks.


He did not call for the murderers to be pardoned; forsghoff did suggest, however, that the judiciary would be “relieved” if the Reichswehrminister Schleicher had the right in a situation of near civil war to grant fkrsthoff, rather than the Prussian Minister of State. The first edition forstjoff Der totale Staat was a heady exercise in right-radical utopian thought. Fink, But the different emphases matter a great deal.

Ernst Forsthoff

Apparently aware of his inability to resolve it, he stated, second: After the war, he was dismissed from governmental service by order of the American military government, but was able to resume teaching in First, Forsthoff began to elaborate on the meaning of World War One for German institutions, putting Schmitt’s criticism of the bourgeois Rechtsstaat into an immediate political narrative.

At stake, in other words, was the state itself. 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: Click here to sign up.

The university itself had entered into crisis, as others at this conference have shown.

The exclusive criterion is the concrete decision of the state over what is public and what private. Only three parties in late Weimar could even hope to approximate it: