E-Book, Englisch, 468 Seiten
Reihe: Princeton Legacy Library
Kirchheimer Political Justice
Erscheinungsjahr 2016
ISBN: 978-1-4008-7852-9
Verlag: De Gruyter
Format: PDF
Kopierschutz: 1 - PDF Watermark
The Use of Legal Procedure for Political Ends
E-Book, Englisch, 468 Seiten
Reihe: Princeton Legacy Library
ISBN: 978-1-4008-7852-9
Verlag: De Gruyter
Format: PDF
Kopierschutz: 1 - PDF Watermark
How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology.
Originally published in 1961.
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Weitere Infos & Material
Frontmatter, pg. i
PREFACE, pg. vii
CONTENTS, pg. xi
CHAPTER I. INTRODUCTION, pg. 1
CHAPTER II. CHANGES IN THE STRUCTURE OF STATE PROTECTION, pg. 25
CHAPTER III. THE POLITICAL TRIAL, pg. 46
CHAPTER IV. LEGAL REPRESSION OF POLITICAL ORGANIZATIONS, pg. 119
CHAPTER V. CONDITIONS OF JUDICIAL ACTION, pg. 173
CHAPTER VI. THE DEFENDANT, HIS LAWYER, AND THE COURT, pg. 225
CHAPTER VII. “DEMOCRATIC CENTRALISM” AND POLITICAL INTEGRATION OF THE JUDICIARY, pg. 259
CHAPTER VIII. TRIAL BY FIAT OF THE SUCCESSOR REGIME, pg. 304
CHAPTER IX. ASYLUM, pg. 349
CHAPTER X. THE QUALITY OF MERCY, pg. 389
CHAPTER XI. SUMMING UP, pg. 419
APPENDIX A. THE ROMAN EMPIRE AND THE CHRISTIANS, pg. 433
APPENDIX B. GUILLAUME DU VAIR: THE CASE OF T H E SUCCESSFUL LOYALTY SHIFT, pg. 434
INDEX, pg. 437




