The Fraenkel book is online and available at 

Link: https://archive.org/details/in.ernet.dli.2015.13142/mode/2up


> On Jan 27, 2026, at 08:18, Patrice Riemens via nettime-l 
> <[email protected]> wrote:
> 
> 
> Hola Aloha
> 
> Re: is the Trumpian USA in the process of transitioning to fascism or is it 
> already a full fledged fascist state or has it even gone beyond that? 
> Here maybe a 'crutch at the light of which we can navigate the chariot of our 
> thoughts on the verge of the vulcano' (-Le Sapeur Camembert):
> 
> Book:
> The Dual State: A Contribution to the Theory of Dictatorship Get access Arrow
> Ernst Fraenkel (1941), Jens Meierhenrich (2017)
> 
> https://academic.oup.com/book/35937
> 
> 
> Abstract
> 
> This text, first published in 1941, provides a comprehensive analysis of the 
> rise and nature of National-Socialism, and is the only such analysis written 
> from within Hitler’s Germany. Its central thesis is that two states 
> co-existed in National-Socialist Germany—hence, Fraenkel’s invention of the 
> concept of the dual state. This was comprised of a normative state (which 
> protected the legal order as expressed in legislation, decisions of the 
> courts, and decisions of administrative bodies) and a prerogative state 
> (governed by the ruling party, and unrestrained by legal guarantees). The 
> relationship and conflict between these states is analyzed through decisions 
> of the German courts and the development of judicial practice. The book is 
> divided into three parts. The first part describes the existing legal order. 
> The second part attempts to show that the parallel structures within Germany 
> radically affected German politics and society. The third part delves into 
> the relationship between the dual Nazi state and German capitalism. It asks 
> whether the rise of the dual state was a consequence of a crisis in 
> capitalism. While this book is primarily a first-hand account and analysis of 
> the dual state’s operation in National-Socialist Germany, it retains its 
> vital relevance for the theory of democracy in the twenty-first century. 
> 
> 
> (This republication of the 1941 English edition includes both Fraenkel’s 1974 
> introduction to the German second edition, never before published in English, 
> and a new introduction by Professor Jens Meierhenrich of the London School of 
> Economics and Political Science that places the book in theoretical and 
> historical context and assesses its lasting legacy.)
> 
> 
> Just another few Zimbucks on the pile ...
> CiaoCiao, p+2D!
> 
> 
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