Karl Loewenstein

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Not to be confused with Karl Loewenstein (banker).

Karl Loewenstein (November 9, 1891 in Munich – July 10, 1973 in Heidelberg) was a German lawyer and political scientist, regarded as one of the prominent figures of Constitutional law in the twentieth century.

His research and investigations into the typology of the different constitutions have had some impact on the Western constitutional thought. Loewenstein is credited with establishing the theoretical foundations of

militant democracy
to battle anti-democratic mass movements.

He worked as lecturer in his native city of

American citizenship and after World War II worked for the Allied Military Government of Occupied Territories (AMG) in West Germany
.

Life and career

Karl Loewenstein was born in 1891 into a Jewish family that had assimilated in

Munich University.[1]

Exile in the United States

After the

German Civil Code in the three years since taking power, explaining bitterly that "National Socialism is anti-liberal and anti-individualistic, by implication it is irrational, mystical, and romantic; by its result it is totalitarian to the point of religious obsession."[3]

In 1937 Loewenstein published two articles in

human right, if the institutional rule of law is obstructed or sabotaged.[5] Loewenstein maintained that fascism had no intellectual kernel and instead relied on "emotionalism" that cannot be battled by normal democratic means. He contended that "fire should be fought with fire" and that in the face of adversity, a more "disciplined" democracy was needed.[6]

In 1939 the

US Justice Department. In 1943 and 1944 Loewenstein also completed work for the Foreign Economic Administration (FEA).[9]

Denazification

When

Nuernberg trials by Ossip K. Flechtheim. When interrogated by Robert Kempner before being released again,[14] Schmitt niggled: "There is nothing being brought against me other than what I have written".[15]

Loewenstein traveled Allied-occupied Germany for 15 months and helped to identify judges, lawyers and law professors that should be banned from contributing to Germany's jurisprudence. As one of only three German lawyers working for the Legal Division, Loewenstein acted as intelligence officer and conducted interviews with members of the German legal profession. Loewenstein was called the "pope of denazification" by his colleagues for his efforts to reform the German Bar Association. Loewenstein succeeded in making the German Bar independent of political oversight.[16]

Munich University professorship

In 1946 Loewenstein refused the offer of a professorship in legal history at

Ferdinand Hermens and Alexander Rüstow in the attempt to establish political science an independent faculty that developed methodologies of research with autonomy from university subjects such as philosophy, history and jurisprudence. Loewenstein regarded the US political science faculty as the benchmark for academic discipline[18] and lamented that the German academic tradition suffered because it regarded political power as a Gothic force with the demonic characteristics of love and faith. Loewenstein, himself professor of political science in the US, forcefully dissented. "Politics is nothing else but the struggle for power". He regarded political science as autonomous university subject because "more and more, power is being considered the dynamic infrastructure of sociopolitical institutions".[19]

Political science was established as separate university subject in

Munich University. The university's faculty of law, whose members were predominantly former Nazis, considered Loewenstein's appointment particularly controversial. When the Nazi Party seized power in 1933 Loewenstein had worked as a law lecturer at Munich University. He felt compelled to go into exile when his university office was stormed by Nazis. Loewenstein was 65 years old when he was appointed and was formally put on leave from teaching at Munich University so he could continue to retain his primary residence and professorship in the US.[21]

Constitutional theory

In 1958 Loewenstein published his book on Constitutional Theory (Verfassungslehre), which was reprinted several times.

feudal social structure are most likely to have a nominal constitution.[24]

Works

See also

References

  1. ISBN 9780674243828
    .
  2. ISBN 9780674243828
    .
  3. ISBN 9781317024033
    .
  4. ISBN 9077596046
    .
  5. ISBN 9781139457750
    .
  6. ISBN 9780300180909
    .
  7. ISBN 9780195369922
    .
  8. doi:10.1093/ejil/chr073
    . Retrieved 30 October 2022.
  9. ISBN 9780195369922
    .
  10. ISBN 9780195369922
    .
  11. ISBN 9780691173825
    .
  12. ISBN 9780847694181
    .
  13. ISBN 9781501109867
    .
  14. ISBN 9780674416321
    .
  15. ISBN 9780674416321
    .
  16. ISBN 9780691173825
    .
  17. ISBN 9780674416321
    .
  18. ISBN 9783319992655
    .
  19. ISBN 9781000349283
    .
  20. ISBN 9783319992655
    .
  21. ISBN 9780674416321
    .
  22. ISBN 9780674416321
    .
  23. ISBN 9780199578610
    .
  24. ISBN 9781000312850
    .

External links
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