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Otto Kirchheimer (* Nov. 11 1905 in Heilbronn, † Nov. 22 1965 in Washington D.C) was a socialist influenced state- and constitutional lawyer (german word is "rechtler") who had an effect in germany, france and the united states. He is considered on of the most important german state- and constitutional theorists.
LIFE
Kirchheimer, originating from a jewish family. visited the school in heilbronn, heidelberg and ettenheim from 1912 to 1924.
He subsequently studied jurisprudence and sociology in munic, cologne, berlin and bonn.
1928 he finished his study with a doctorate (Dr. jur., magna cum laude) at the university of bonn.
He was made a doctor by Carl Schmitt through his work on political science of socialism and bolshevism. Kirchheimer is considered the favourite student of Schmitt in bonn.
Even in his youth, kirchheimer professed to his socialist conviction. Later, he was a member of the social democratic party of germany.
From 1930 to 1933, Kirchheimer worked for the
social democratic paper "Die Gesellschaft" and lecturer for political science at the business school (handelshochschule). Moreover he worked as a lawyer in berlin from 1932 to 1933.
During the time of the weimarer republic, the young Kirchheimer made noise by his analyses about the relationship of social structure and the constitution. His essay "Weimar und was dann? Entstehung und Gegenwart der Weimarer Verfassung, Berlin 1930" (Weimar, and then what? Creation and present of the weimar constitution (wc)) was heavily discussed; in which Kirchheimer described the wc as a non future-compliant state-basis.
Ernst Fränkel, Franz Leopold Neumann and Kirchheimer were close to the konservative state-lawyer Carl Schmitt. 1932 Kirchheimer published the essay "Legalität und Legitimität" (legality and legitimacy) in the socialist newspaper "Die Gesellschaft" (Die Gesellschaft, Band 2, Heft 7, 1932). Carl Schmitt borrowed this title for a famous paper which came out in september 1932. He explicitly lauded Kirchheimer in this paper. Schmitt also repeatedly quotet Kirchheimer on various other instances. He wrote in an essay from 1929 about facism:"In highly developed industry states […] the inner political situation is thoroughly mastered by the phenomenon of "social balance-structure" between capital and work, employer and employee. This phenomenon, first noticed and named by Otto Bauer, was then dealt with by O. Kirchheimer in an interesting essay in the magazine for politics (Bd. 17, 1928, S.596) in questions of state- and constitutional theory." (Schmitt, Wesen und Werden des faschistischen Staates, in: Positionen und Begriffe, 1940, S.124-130, hier S.127). In "legality and legitimacy" Schmitt wrote: "This is why i think the wording of the essay by Otto Kirchheimer on legality and legitimacy (Die Gesellschaft, July 1932) for right, who says, that the legitimacy of the parlamentaric democracy "only exists in its legality" and today "evidently the legal barrier is equated with legitimatcy" (Schmitt, Legalität und Legitimität, S.14).
Kirchheimer returned the favor through positiv references on Schmitt. It says in an essay from 1932: "When a later time looks on the intellectual assets of this epoch, the book by Carl Schmitt on the legality and legitimacy will be a writing that presents itself, which distinguishes itself from the circle by it's going back to the basic foundation of state theory as well it's reservations in his deductions" (Verfassungsreaktion 1932, Die Gesellschaft, IX, 1932, S. 415ff.)
After the seizure of powers by the natsoc's, kirchheimer, the socialist jew, emigrated to paris. He was working here for four years as scientist in the french branch of the International Institut for social research (Korkheimer-Institute). He began with the revision of George Rusches "Punishment and Social Structure". The Rusche-Kirchheimer-Version of Punishment and Social Structure was released in 1939. Kirchheimer broke with his teacher Carl Schmitt, who rose up to the "key jurist of the third reich" (WTF? This sounds interesting!)
On the november the 11th 1937, kirchheimer emigrated with his wife Hilde Kirchheimer and his daughter (born 1930) to the united states. His marriage divorded there in 1941. In NY, Kirchheimer continued his work for the International Institute of Social Research as scientific assistant for law and social sciences, from 1937 to 1942. Parallel to that he was lecturer for the institute programm of columbia university