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Der autoritäre Staat. Ein Versuch über das österreichische Staatsproblem
1936
by
Erich Voegelin
Legal Theory
Corporatism
Methodology
Political Philosophy
Democracy
Hans Kelsen
Rule of Law
Totalitarianism
Karl Marx
Lorenz von Stein
French Revolution
Proletariat
John Locke
Laissez-faire
Welfare State
Georg Wilhelm Friedrich Hegel
Immanuel Kant
Benito Mussolini
Jean-Jacques Rousseau
Communism
Demography
Institutionalism
Liberalism
Klemens von Metternich
Nationalism
Geopolitics
John Stuart Mill
Max Weber
Montesquieu
Sovereignty
Otto Bauer
Anschluss
Class Struggle
Social Democracy
Federalism
Positivism
Human Action
Capitalism
Game Theory
Dialectical Materialism
Historical School
Economic Recovery
Weimar Republic
Thomas Aquinas
Othmar Spann
Bureaucracy
Table of Contents · 120 segments
1
Title Pages and Publication Metadata
essay
2
Preface
essay
3
Table of Contents
essay
4
Introduction: The Austrian State Problem
essay
5
Political Symbol and Theoretical Concept
theoretical
6
Carl Schmitt’s Concept of the Total State
theoretical
7
Economic and Political Phasing of State Reality
theoretical
8
The Economic Element of Total State Reality
theoretical
9
The Averroistic Element in Speculation on Totality
theoretical
10
State and People as Total Substances
theoretical
11
Substances as Symbols in Political Struggle
theoretical
12
The Historical Position of Symbols
theoretical
13
French Racial Idea in Hauriou and Martial
theoretical
14
French People-Idea in Rousseau
theoretical
15
Education as an Element of Total State Reality
theoretical
16
Elite and Mass: Authoritarian Leadership
theoretical
17
Blanqui’s Elite Theory
theoretical
18
Elite and Authority in Renan
theoretical
19
Institutionalist Theory of Authority in Renan and Hauriou
theoretical
20
Austrian Theory of Authority in Dollfuß
theoretical
21
The Activist Element in Total State Reality
theoretical
22
Summary of Total and Authoritarian State Elements
theoretical
23
Foundation of Austrian Constitutional Theory: Baron Eötvös
chapter
24
Eötvös’s Incompatibility Laws and the Dynastic Multinational State
theoretical
25
Liberalism, Majority Rule, and Nationality in Eötvös and Humboldt
theoretical
26
The New Nation, the Volk, and Emotional Politics
theoretical
27
Principle Theory, Metternich, and Eötvös’s Austrian Constitutional Solution
theoretical
28
The Constitutional Situation of 1848/49: Patents, Oktroi, and Monarchical Authority
chapter
29
Competing Constitutional Ideas in Austria, March-May 1848
chapter
30
Kremsier, Popular Constituent Power, and the Octroyed March Constitution of 1849
chapter
31
The Cycles of Austrian Constitution-Making: Structural Causes and External Triggers
chapter
32
Provisionality, Suspended Decisions, and the Austrian Authoritarian State Problem
chapter
33
Appendix Document: Interior Ministry Decree Dissolving Democratic and Worker Clubs
essay
34
Bach's Administrative Centralism and Organic Local Government Theory
chapter
35
Chapter 5: The Founding Problem and the Symbolic Act of 12 November 1918
chapter
36
The Absence of a Popular Austrian Founding Will
chapter
37
German-Austrian Nationhood, Nationalrat, and the Anschluss Alternative
chapter
38
Party Programs and the Non-Decisions of the Provisional Republic
chapter
39
Unitary State, Federal State, and the Political Reality of the Länder
chapter
40
Federal Symbolism, Party Power, and Centralization
chapter
41
The 1920 Constitutional Compromise and Its Provisional Character
chapter
42
Voegelin's Summary of the Austrian Founding Defect
chapter
43
Suspended Founding Decisions and Transition to Part III
chapter
44
Kelsen’s Pure Theory of Law, Austrian Constitutional Context, and Neo-Kantian Methodological Purity
theoretical
45
The Positivist Character of Neo-Kantian Method Critique
theoretical
46
Unity of Object and Unity of Being in State Theory
theoretical
47
Object Unity and the Self-Constitution of Social Reality
theoretical
48
Oscillation between Legal Science and Legal Reality
theoretical
49
The Legal Order as Unity from the Standpoint of Legal Application and Legal Dogmatics
theoretical
50
The State as Relevant Ordering Unit, the Act, and Delegation
theoretical
51
The Ideology of the Norm and the Break in Positivism
theoretical
52
The Metaphysical Function of Sociology
theoretical
53
The Legal Order as a Nexus of Norms and Acts; the Basic Norm
theoretical
54
The System of Metaphysical Combat Concepts
theoretical
55
Excluding State Reality from the Object of State Theory
theoretical
56
The Ordering of Being through the Norming of Human Behavior
theoretical
57
The Dissolution of the Person
theoretical
58
The Dissolution of the State
theoretical
59
Kelsen’s Positive Metaphysical and Political Demands
theoretical
60
Kelsen’s Coercive-Norm Postulate and the Depoliticization of Constitutional Law
theoretical
61
Kelsen’s Metaphysics of Progress and the World Legal Order
theoretical
62
Kelsen’s Pure Theory in the Tradition of Austrian State Theory
theoretical
63
Joseph Ulbrich and Positivist Austrian Staatsrecht
theoretical
64
Ludwig Gumplowicz, Sociological Naturalism, and the Race-Struggle Theory of the State
theoretical
65
Felix Stoerk and Friedrich Tezner on Method, Historicism, and Austrian Constitutional Reality
theoretical
66
Pure Legal Theory, Norm Content, and the Preconditions of Constitutional Interpretation
theoretical
67
Defective Pure-Legal Interpretation and Transition to the 1934 Austrian Case
theoretical
68
The Constitutional Transition: Legal Continuum, Legality, and Legitimacy
theoretical
69
Practice of Wartime Economic Ordinances from March 1933 to the 1934 Constitution
chapter
70
Substantive scope of the wartime economic enabling authorization
theoretical
71
Critique of the praeter legem and contra legem distinction
theoretical
72
Article 18, constitutional court review, and the loss of dogmatic footing
theoretical
73
Standpoint analysis after May 1933 and the opening of the 1934 constitution ordinance
theoretical
74
Enabling Act of 30 April 1934 and Opening of the Overall Constitution-Making Act
theoretical
75
The Constituent Role of the 1934 Ordinance and Promulgation; Opening of Chapter Eight
theoretical
76
Chapter Eight: The Authoritarian State Core — The Anonymity of Power
theoretical
77
The Enabling Act of April 30, 1934 and the Constitutional Transition Act of 1934
theoretical
78
The Authoritarian State Core of the 1934 Constitution
theoretical
79
The Federal President and the Federal Government
theoretical
80
Federal Government: Cabinet Leadership, Ministries, and Provisional Government
chapter
81
State Governor and State Government
chapter
82
Mayors and the Election of the Federal President
chapter
83
Creation and Appointment of Executive Organs in the Authoritarian Constitution
theoretical
84
Estate Society, Estate State, Seipel, and the Encyclical
chapter
85
Hegel's Critique of the English Reform Bill of 1831: Constitutional Problem Framing
theoretical
86
Page Footnotes on Spann and Hegel's Source
footnotes
87
Hegel's Critique of the English Reform Bill of 1831: Interest Representation and Governing Authority
theoretical
88
Grey's Proposals for Parliamentary Reform
theoretical
89
Grey’s Proposals for Parliamentary Reform
theoretical
90
Principles and Methods of the Authoritarian Solution
theoretical
91
Bicameral and Mixed Chamber Models for Authoritarian Representation
theoretical
92
The Austrian Solution and the Compromise Chamber System of the 1934 Constitution
theoretical
93
Creation of the Federal Economic Council
theoretical
94
Creation of the Federal Cultural Council
theoretical
95
Creation of the State Council
theoretical
96
Creation of the Länder Council
theoretical
97
The Bundestag and Executive Control of Federal Legislation
chapter
98
State Diets and Municipal Councils under the 1934 Constitution
chapter
99
Executive–Legislative Relations and the Duration of Federal Legislative Organs
chapter
100
Organization of the Federal Legislative Organs
chapter
101
Status and Discipline of Members of the Federal Legislative Organs
chapter
102
Participation of Federal Legislative Organs in Federal Lawmaking
chapter
103
Participation of Federal Legislative Organs in Federal Administration
chapter
104
Concluding Reflections on the Authoritarian Chamber and the Executive
chapter
105
Producer-Interest Representation, Hauriou, and the Authoritarian Chamber
theoretical
106
Executive Relations with Provincial Legislative Organs
theoretical
107
Chapter Eleven: Emergency Rights of Administration and Their Control
chapter
108
Ordinary and Extraordinary Constitution; System-Foreign Elements of Chapter 10
theoretical
109
The Substance of the Emergency Rights
theoretical
110
Control of Emergency Ordinances and the Authoritarian State
theoretical
111
Bundestag Control of Emergency Ordinances
theoretical
112
Judicial Review of Emergency Ordinances and the Opening of Responsibility Control
theoretical
113
Presidential and Ministerial Responsibility under Article 173
theoretical
114
Political Function of Ministerial Responsibility in the Authoritarian Constitution
theoretical
115
Plebiscite and Direct Democracy in the Authoritarian Constitution
theoretical
116
Rule-of-Law Elements of the 1934 Constitution
theoretical
117
Bibliography to Part III: Legal Editions
bibliography
118
Bibliography to Part III: Books and Articles
bibliography
119
Periodicals and Collected Works
bibliography
120
Bibliography: Quadragesimo Anno Literature
bibliography