Loewenstein, Karl, 1955-1965

UPPER GOOSE CITY
EAST DOVER, VT.
EL, WILLIAMSVILLE, VT. 22-21

483 Sunset Avenue
AMinherst, Mass
September 11, 1958

Porfessor Otto Kirehheimer
New School of S ocialResearch
1¥MWest . Eleventh street
NewYork City

DEar Kirchheimers

T had hoped to see sofiewhere and sometime .
a reaction on your part to my recent book "Political
Power and the Governmental Process" of which
you received a oapy upon publication. You are one of
the very few in this comntry whose ‘opinion on
what the book accompliséd or failed to accomplish %
would have been of gréat value to me.

It now happens that the American Journal of Cor
paratve Law has asked m wig Sige T would Ww
know someone who could ( and wéld be willing)
to reveew the book for them. Would it suit you
to write to M9ss Vera Bolgar ( Dr. Vera Bolgar),
the secretary, that you.would be inclined: to
undertake the review?The address is Legal Research
Building, University of Michigan, Ann Harbor, Michigal
You woul) do me a great favor regardles of what you
think of the book.

To publish leqrned books in this country is
truly discouraging.In contrast to my previous

publications which were widely reviewed in the
daily press this book met with a eonspiracy of
silence and as yet I have seen no critique in any ef

of the learned journals.

SS I a | SS

I hope you had a good yearand I am eager to learn
what progress you enterprise on law and justice has
made.I did not go to Sit. Louis because cf the
waste of time and effort connected with the meetings
of the Association, I also shunned the meeting of
the International Political etence Assication in

Rome because I disliked the program and the
thought of sivtins dmirimgly at the feet ot
Herr Baton James ra

Pellockwhen he delivers tbe
presidential ddress, appaled. me. But I attefiéd the
meeting of the Aeademy of Comparative Law at Brussels
in August where I was general reporter on the subject,
" the legal institutionalization of politieal parties:
Adrerwards I visited Spain that until now I had not,
known, a distressing experience for a man who still)
believes in democratic values ‘whatever they tay mean)
but very good food.the de Gaulle constitution

is of coursemuch in the foreground of my interest.
‘Nobody belteves that thea Vth republic will last longer
or as long as the IVth. For the time. being and for a
change, Latihw America 1s the only region where

in terms of constitutional developments some

real progress is being achieved. _

Ineidentally, my book will be published in
Germany under the titleVerfassungslehre in the near
future.

If you have come accross of a review of my book
gaat has escaped mé please call my attention
to it. : :

Hoping- that you will comply with my request and
‘with best regards,

. Tpurs as always

Karl Loewenstein

KA &

AMHERST COLLEGE
: Arberst, Massachusetts":
* DEPARTMENT OF POLITICAL SCIENCE

43 Sunset Avenue
September..1,° 1960

Professor Otto Kirchheimer

2801 Beechbank | ;
Silver Spr ings , Maryland

Dear Kirchheimer:

Last. spring the Princeton Press asked me to
review your manuscript. for them. Now they
have authorized me to release the review to
the author, as per copy enclosed,

{ take such assignments seriously(in contrast
to many other people)But beyond this is is
indicattive of the very high asteem I hold
for you and your work that I devoted several
weeks to thereading andevaluating job, the
former not made easy by the rather deplorable
shape in which your manuscript was submitted.
T hope the observations I included will be

of help for your final revision. The Prine
ceton people wrote me that you expected to
finish the revision prior to your departure
for Germany. I am sorry that my remarks

could not be made accessible to youearlier,
and if Iwere in your shoes I woould not rush
the final revision.This could be a
contribution, but in its present status it
seriously militates against its own value.

I conducted a lecture tour in Germany this
early summer, speaking all teld 20 times

(plus three radio appearances) within a single
month .In view of the two books I published
recently in germany( and, perhaps, for some
other reasons) | was more than satsified with
the personal reception accorded me. The genera
impressions of Germany as m country are mixe d

and abque the Lay, sehoohpixgunvhhd Maneeuaur

best, Erlangen second.Berlin was affected by fhe
Fakult&tenstreit between Frtinkel and Quengleminto
which I was drawn against my will.Hi_ghhights were
the Juristische Gegellschaft in perlin an

the equivalent in “arlsruhe.

I have another Rockefller grant for the coming yeay
which I plan to devote to my histedical studies,

I have been stuk& in Roman publi¢law for more thn
a year now and do not regret it. ... ;

ALL good likG to you and take time to. let me know
from your. ’

Sincerely. yours,

Karl ‘a

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Septduver Ukst080.

Dear Professor Loewenateins

T had hoped to have a chance to see you at the Political
Selence meetings in New York and therefore did not answer your
letter fiumediateky after receiving it, You were perfectly right
not to attend - 1G surely was not worthwhile,

Let me first thank you for ‘the padnotiking effort you
devoted to my mas, I shall be in your debt forever and + want
you to know how much I appreciate what you did tor that. mam.
When you will see 1¢ in its final form = which alas will not be
till next falleyou will realize to what great extent + followed
your suge ations, Praaaasirt | in regard to the Introduction and
the importance to differentiate clearly between collective mass
Sotion and the repression of individual acts of non-vonformi sam.

Miss Brokaw probably misunderstood me when she wrote you
about my going to Burope, I stayed home all summer to take care
of the revisions, delivaring the mss just last week, There ware
a number of weighty reasons which militated against taking your
advise to let the mae cool off for some time before undertaking
the revision, a)it would have been at least a year if not longer
until I would have time to work at it Pep Columbia has offered

me & graduate seminar for the soming academe year, which will
make sonsiderable work and given the unrealistic pay spale of
the Graduate faculty T saw no possibility to refuse, b) the Graduate
Faoulty ja changing gore Staudinger has retired as Dean and
has been replaced by a Madison Ave, type academle business man
which places many question marka in the future, ¢) xkuxe I am
teaching in "retburg next summer,

Tt have already heard via Preiesenhahn about your great success
T wis T had your energy and gest for ei a Ineidentally,
Miss “vokaw was very mach interested when I told her that you
are now working inthe ffleld of Roman Public Law and she asked
whether you have already made arrangements for a publisher,

T do hope I shall have an opportunity to see you during
the coming year, If you should foray to New York on Tues,
Wed, oy Thursday and let me know in advance, we could have a
meal together, I would love nothing move than toe xplain te you
in detall which changes I made or, the reasons in the much fewer
cases in which I did not follow your suggestiona, For the moment,
let me thank you once more, Seceiving the readers! comments from
Miss Brokaw begivming of Jibe, 1t was, from the outset obvious
to pe that the 9 page comment could only come from elther you
or *yaenkels and given tha short time available, it was obv: ous) y

done in this country, and therefore from yous

I hope you will aliew | me to thank you in the preface for all you

dld for the mas.

Gre Ly TOUTED cat

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AMHERST COLLEGE
Amberst, Massachusetts
DEPARTMENT OF POLITICAL SCIBNCE

43 Sunset Avenue
June 13, 1955

Professor Otto Kirchheimer
2801 Birchbank
Sliver Springs, Maryland

Dear Kirchheimers

IT am very happy about the Good news contained
in your letter of June 10, 1955.The little I
have done was only in order: to get the right man
for the right job.The New School could have
made no better choice.I doubt whether the contem=
plated marriage between Leibholz and the New Scho
would have been a happy one for either partner.

I am sending you, under separate cover, two
articles of mine in which you might be interested
The one on EDC will’ arouse little enthusiasm
in Bonn or the Department of State.

For the time being I have no luropean plans
this summer. We are going to our place in Vermont
I am more tired this year than usually and very
anxious to get some rest.

If you wish to do something for me mention
my name to the Rand people, provided there is a
research objective in which I could be interested
not necesarily and even not preferably Germany.

I have a sabbatical coming in 1956/57 and I am try
ing to make some plans in advance.A short time
research project would be welcome.

With all good wishes,

Aincerely yours,

FU oben fy,

Karl Loewenstein

UPPER Goose CITY
EAST DOVER, VT.
‘TEL. WILLIAMSVILLE, VT, 22-21

July 30, 1959

Dear Kirchheimer,

I am inexcusably late in thanking you for having
sent me the copies of your review of my bookand
also to express my deep satisfaction with theintellik
gent gna generous way you reviewed it.I do hope
‘that + shall have an opperutunity to talk with
you about it and relatedp. oblems, Since proofs of
a book on Constitutional daw printed at this time in
ape Germany prevented me from going to Europe~ I wanted
me" to have a look on France- I am planning to attend
the Waghingto meeting of the American Political
Seience Association, mainly for the reason of
seeing you and others on this eccasion. Otherwise
I am deeply averse to the entire business of
conventions which is part and parcel of the
Wissenschaftsbetrieb in this country.
Concerning my book: What I tried to do, and=
seemingly-for the first time, is to develop
organie laws for comparative government, organic in
the sense that they are not carried into the material
from outside bulrevolved from the“material
properel believe that my categoties of int@ir and
inter orgacn controls are unawsailable, equally so
that of horizontal controls while that of vertical
controls requires refinement.This new approach
simply could not be done without a good ded of

definitions, but any book dealtwith more geome trl co
requires this kind of definitions, Tt Ts unavoidable.

' I also believe that my categories of constitutions
and of the patterns of government will stand for
as long as constituticnal government is beingpractized
fvhich may not be foreover, incidentally).
<The book had.no success in this country, because the
younger generation of comparative governmentalists
| Just does not know enough and has no training. in categorica
: thinking IT have become very amerikamtide in terms of
| geientific endeavor and I do hope that the German editions

| or version- of my book that has just been published by
| Mohr under the title Verfassungslehre will have a more
| intelligent reception.You will have similar experiences
' with your Justiz and Politik which I do hope has progressed
sufficlentlyto be read soon. :
T am spending yp quieS and alomost dreamlike summer
at our phace in Vermont, and if your summer vacation
would bring you to our neighborhood we would be delighted
to have you and your wife as our guestse :
Sith renewed thanks and best regards ‘

Sincerely yours,

> Karl Loewenstein

VO ae

' Av

v

AMHERST COLLEGE

Amherst, Massachusetts
Department of Political Science

October 15, 1958
43 Sunset Avenue

Professor Otto Kirchheimer
2801 Beechbank Road
Silver Spring, Maryland

Dear Kirchheimer:

Many thanks for your willingness to review my book, That the
American Journal of Comparative Law had given it to Spanner I had
not known when I wrote you. Perhaps you will find an opportunity for
reviewing it somewhere else~«-for example in the Yale Law Journal
or the Columbia Law Review, which are both receptives»or somes#
where else. A review in the German Archiy unfortunately is no
longer available since Franenkel had been asked to do it. I put great
store by a review from your pen because you (and only two or three
others) really understand what I try to accomplish; that is, to de«
rive certain definite rules from the material of government itself,
instead of carrying yardsticks into it from the outside,

My paper on the Legal Status of Political Parties has been
mimeographed in Brussels and in case the package from Brussels
ever arrives I shall send you a copy.

Iam much interested in what you are doing and would like to
see you soon for a long talk, I am coming to New York very rarely
since I am teaching now in addition to Amherst, also at Yale Law
School,

With best regards,

Sincerely yours,

ker

Karl Loewenstein

KLien

DET me ieenaiimahia am |

April 11,1959,

Dear Professor Loewenstein:
Thanks for your note of April 2nd.

I apologize for not having come to see you
when [ was at Moun Holyoke last Thursday,

I surely would have done so If I had not

had to fly back to Washington immediately

on piday morning for a chanoe to get hold of
Svenner, the German Nteal Workers bossa, But

I do hops you will come to Washington at
¢onvention time and let us enjoy the pleasure
of. your company ab my house then,

I am looking forward to reading your
article in the Journal of Polities, I dont
think our viewpoints differ too much, The
Constitution 1s surely wrotten but one of
my main purposes was to show that it is a
the culmination of the reign of the admini-
strative bureaucracy - Ineldentally Lfound
"pledrich's plece in the flarvard Law eview
even worse than usual. ~

t delivered my review of your book
6 weeks ago but the lady who handles the
editing of Soelal Research is a strong-willed
individual and not open to persuasion about
timeliness of contributions,

Hoping to see you soon
Sincerely yours

P.S» I hope you got my piece in the Yale Law
Journal, Unfortunately it ts full of miaprints

ae

|
‘Pebruary 4,1962.

Dear Professor Loewenstein:

Thank you very much for sending me
Beitracge zur Staatssoziologie, Ich finde es sehr schoen
dass der deutsche Leser nunmehr die Gelegenheit hat
einige Ihrer Hauptaufsaetze leichter zugaengig zu haben,
fch habe arin auch mit groasem Interesse einige Stuecke
gelesen die toh visher nicht kannte, besonders den Aufsats
ueber Augustus und die Augeinandersetaung mit dem Max Weber
Buch, ‘ch habe den Herausgeber der American Pol. Science
Keview gobeten mir fuer eine Angelge des Buches Raun su
geben wnd hoffe dass er meiner Bitte entsprechen wird.
Sie werden bei der Durchsicht meines Pollitleal
Justice Buches letder finden dass da ungehever viele Druck und
Fluechtigkeltgfehler vorkommen, Hinige besonders dicke gehen
wa tasten der rinceton.Press aber fuer die anderen, fuerhote
ich, mesion Belbst verantwortlich gelchmen,.

_. *eh hoffe sehr doch’ bald einmal wieder Yelegenhett
wa haben Sie ehtweder hier in Washington éder in New York
begruessen zu duorfen.

Mit nochmaligem Dank und beaten Wuenschen

Thar

‘This spacenis.also for correspondence.

| hi” _, A ad
“karl Loewenstein -
6| Nakakawaracho

Shimogamo

Pryoto, Japan

| professor Otto Kirchheimer

ROGRAMME ‘|

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M&F Mi

2801. Birchbank
Silver Springs, Maryland

PAR AVION
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‘eouepuodses160 10} os[e s} aoxds SINE,

Nov.80,1962.

Professor Karl Loewenstein
45 Sunset Avenue
Amherst ,Maas,

Dear Professor Loewenstein:

Many thanks for your very kind letter. You
surmised rightly - we ave sttll living at the sane
place, I am very glad that you were satisfied with
veview of the Steatssoziologie. I often. wonder
whether it would be possible to develop a coherent
theory from al) the factual material now at our
disposal, The trouble with you ard me ta that we
would ant this theory to have ia ale sontent
rather than tos tlek te vaevous Selbstverstaendlic
kelten and terminologtoal generalities a la Almond

T fully agree with you about the Importance
the Splegel affaiv. Unfortunately I have not seen
your Elngesandt to the FHZ but you ave quite right
it is Bullerjahn and Ossietsky all over again, on]
Strauss lies now instead of Gessler, If the Bundes
verfass ngsgericht does not end the whole Spuk
by declaring a Len desverratsinterpretation which
takes in critique involving no communication with
foreign power incompatible with the constitution +
Bonn establishment will have no future as a consty
tional state.

I am glad about your Hinweis about Japan. /
this Columbia job unfortimately involves o much wo:
that Ic ant think of anything else now, I am very
grateful for your and your wife's kind invitation
to come up and stay with you. May T take you wp on
during thesecond term, I shall be teaa ing a semini
replacing Alménd at Yale during thesecond term and
I should like to try and arrange for a trip to Amhe
then, Wi11 ygu be around at the beginning of apring
T have seen “rosser's review of my book, but for
good measure they have a very nasty one in the offi

witish pol, solence.periodical,

With Kind regards and many thanks +

AMHERST COLLEGE
Amherst, Massachusetts

DEPARTMENT OF POLITICAL SCIENCE

43 Sunset Avenue
February 23, 1964

Dear Kirchheimer:

I have nofepy of the Verfassungsuncerung left,
but orderedone to be sent to you #drectlyb
by the publisher.
I did not see the review you mentioned but
L tad many which werendg/quite satisfactory.
We would Like to have you here as our geust,
perhaps as you write towards the end of the tery
T am teaching a fullsized job this term at Yale
and com-uting under the precarious circumstance
of thefrailways is a job of some sort.
[am sending you a piece on Baker v Carr
that wag published in t e Fetssh rift for
Ernst Fraenkel.
We have no summer plans except going as long
as possible to our place in Yermont.I am in
the midth of a terrible Wuilzer,16 chaptersof
24 are done( in a fashion). This has to be
finished before we go abroad, possibly next
fallto Greece and Israel.
Awe do hope to see you in t'e near future.
Phone is Amherst, Alpine, 6-6323.
Warmestregarcs

Yours,

Karl Loew nstein

Ain

Mareh @2,1964

Dea Professor Loewenstein:

Thank you very much for your reprint from
the Fraenkel Festgabe. The decision 1s as inter
esting theoretically ag 1t ia full of political
consequences still to be determined.

Incidentally “vaenkel told me that you
will go to Europe, Will you be gone by end of Junet
Because I vaguely had planed to come up through
the Connecticut valley around that time on a
Canada trip.

Thanks also for the announced sending of
your Vorfassungsaenderung~Buechlein,

Best regards = ag ever -

43 SUNSET AVENUE
AMHERST, MASSACHUSETTS

November 15, 1962

Professor Utto Kirchheimer
2801 Beeachbank
Silver Springs, Maryland

earKirchheimers
I do not know whether you are still living in the woods
behind Washington, but I trust the ma Llyom-wh 11 find you
Upn my return after forteen months absence ~ readyour
review of my Beitrage. “he usual formuah applied in

such ases is to thank you for your kind and beneolent
appraisal) put my gratitude goes beyond this.Coming from
you whom ~ consider Ybenblirtig" in the field and even
oftengmire as super or it has given me deep satisfactio:
and as usual set me thinking.When the volume was first
under discussion with Mohr in Ttibingen I was not sure
whether the membra disjecta would add yp to a unified
whole, but to my surprise they did, and what has emerged
is the concyte outline of a socialogy of the state, bas:
sed on an entirely empirteal method which evolved
without any awarenss of methodology. My regret is

tht circumstances pyvented me from passing on my aporoac'
to the younger generation through a "school" but in retr
specl it had the definite advantage that an Hinzel-
banger need not dissipate his labor.

What you surmise about my being a eryto~ relativist
hits of eccourse the bull's eye.We are confronted

witth a new worldwhich I have difficulty to grasp, that
is that what we onee believed to be the inevitablebate
of the world to become constitutional democracy

fi
i
{

is about to turn out to be a mere interlude, or » perha
of permanence only among piysperoug nationse I found
that there is still some hope for ‘apan to preser e
her present attachment tc democratic processes in
which the young people ardently. believe, put I found
India a visibly disintegagning country, almost
bepond redemption.Germany? he Spiegel affair
ig much more important than. the Cuban theater.what
is happening there is a close repetition of Weimar
see Bullerjahn und Ossietaky andi the entire issues
of the "Justiz".I had a letter to the editor in
the FAZ which seems to have causela gre key
of Miscussi n, among them an answer of GerbatzRitter
which could: easily hgve been written in! 1927.
I found the stay in Sapan most interesting and
fruitful and if you would ever consider a year or
a term abroad apply for a Fulbright these explre
1984).You will find'it most rearding.I was active
asa consultant ef the Jacanese Government for
comparative constitutional law in connection with
fhe’ current discussion of the revision of the

c Arthur constitution which gave me many valuable
insights.Now I am back as an emeritus in three
institutions and glad to be left with my work, at
least for the time Wing. ° 4 - g
You certainly have seen the excellent review of rosski
of your book in the Nevue Frangaise.

wish we could: have a good talk about many things.
TL am completely cut of step with what. the young
people are doing, after the quantifying fad has faded
they are now model building whatever that means. and
decision making analysts of if the art of polities
could be rationalied. :
“erhaps you find it possible tc come to, Amherst for

w i d to put you andpour
Ca ge ea Sul WHE PSPs tee a Poa pottie. :
Tegards always yours
rl +oewenstein
PSC Nas

Nov. 19,1064.

pear Frofessor Loewenstein:

Many thanks for the big opus from
the Jahrbuch, This is ane xcelient survey of
material which ia not easily found so xmkk
handily put together, elsewhere.

As to footnote 169; I think
XL mentioned in the article myself the diverei~
fied facots of Hranklurter's opinions.

Your little British book must be
out in Germany by now, &s I have seen a very
decent review of 14 in the Pimes Literary
Supplement early November.

any chance to see you here In
Washington in the near future? ‘hat are
your plans for next year?

With many regards to ores Loewenstein
and yoursolf,

43 SUNSET AVENUE

AMHERST, MASS.

February 1, 1965

Dear Kirchheimer:

Many thanks for your collected essays anong
which were at Least two I had not known before,
and all of the same quality we are accustomed
in your work.

We are going to Greece and neighboring

places in March for several months.

larmest regerad
3 Sincerely yours

Karl Loewenstein

Ast ib,

April 15,1962.

Dear Professor Loewenstein:

Thank youf or your letter of March 28, I will
gladly write a German review if the Tuebingen people
should ask me, I shall be very interested to see what you
have to say about the Japanese constitution,

‘By the way, I would be very much obliged If you
could leti me have a copy of your study on Verfassungsaender
ungen which I saw announced and of the forthcoming arti cle
int he Arehiv fuer Yeffentiiches Kecht, As you know, I
have been collecting all your itema and I would not want to
miss’ these. Y¥
* You are quite right about Political Justice.

echnically it ts abominately done. The editor which

the Princeton Press gave we was no good and I did not have
the courage to tell them so, They fired her just four weeks
before the book went into print when | was in Germany, which
means nobody looked for Druckfehler and similar things and
unfortunately it shows up. I hope the German translation,
1f Burland ever gets to translate 1t, will be better.

Tam still in the blues, becuse IT have just ausgeschlagen
gen eine Berufung to Frankfurt, but T have neither your nor
Friedrichts energy and could not seo my way to do for 4 or 5 years
the Colukbia job and Frankfurt at the same time. j

Iam looking forward to seeing you in the fall after
your return. I shall be attending a conference in Belaggio
in August or “eptember but 4+ shall be back at Columbia
for the fall térm, :

Sincerely yours,

Dear Professor Loewenstein:
Let me first thank you for delightful, visit and your excellent hospitality
1 only vegret that tira. Loewenstein had so auch trouble with us, After your place

any other Vermont house and grounds look pitiful,

1 return herewith the Max Jeber mas which I have studied with great attention
and admiration, 1 have very little to say, You will find some question marks aud a

short note for iastacce on p. 11. Ave your ebrictures on p28 egalnet proportional
represertation fully justified? *hat about the Sedish , Norwegian and Gwius experience?
On page 38 1 wise a word on the Limits of Verfaseungegerichtsbarkelt.
pe4l ~ 1 do not share your emphasis on kriegsontschidiguag. Have you ever Looked
on kitdenne hentoux the Carthaginian Peace?
p43 Does the German politiotan want power or a pension as minister?

I dont want to enter a discussion about your last pages in ve carlema
but would Like to draw your attention to tae first part of the very interesting
article of W.G.Ruoziuen Charicmatic “agl timwacy and Yne ?arty Rule dn Whang in the
iuvopean Journal of sociology 1903 p.143

i-have not yet have had time to read the proof of the Ypitish book. May 4
xeop it a Little longer?

With mony thanks and best regarda -

15
Ab eeoond though in rereaadlag the oxyf yboortntnivly dowwe mes 1 think ph Bud 54
poth dewhing with Konebruktion des ugyaadole ffs vagsidenten need some clanifieutic

‘the sentence in pl5 last par udver die grotdakb Unlogik der Yorkeppolung

rensins unclear to me.Should the Reichepraesident not have had the right to digmiss?
p 54 last soutence on Xonkubrens awischon parlauentarischorund plebisal taerer “vebwe:
anelese. Should there not be a par on whether the cumulation as 4% entered via flex we!

the Weimarer Verfaseng is at all possible?

Otto Kivebhelmer: Politics and the Administration of Justice

I

(l) The manuseript under review defies dtaneineation fa terme of a
epecific Meld of the social sciences. Straddling several of them ite main aub«
stance ie drawn from criminal law and procedure, constitutional lew, social
peychology and what is understood, in general terms, as "polities". This
reviewer would characterize it as a. conteliusion to the sociology of law and
the legal process. Both the choice of the subject aa auch and the documentation
applied to it are definitely outside the ordinary and the commonplace. It ie the
product of a mature, original and constructive adiad.

(3) The general and the special knowledge of facts, sources and
Uterature the author ‘eupplies are impressive, and, in placae, even outstanding,
The combination of experience in eriminal as well as constitutional law ie put
to the beet use, The author is particularly at home in the German legal
civilization, not unnatural considering hia educational background, but equally
so in France from whoee environment he draws any of his most telling
illuetvations, to s somewhat lesser degree alao in “England, Italy, and the
United States. His scholarship if frequently slanted towards the ironical ig
impeccable.

(3) An unblased evaluation of his manuseript is obviated by e number
of peculiarities which, in the cave of a less well-intentioned reader, may well
grow into serious iveitants apt to affect hie judgment. The captions of the
various chapters and their subheadings, by virtue of an attempted journalietic

flashiness, are often more obscuring than revealing; occasionally they are

outright misleading, This pertains primarily to chapters I, Tl, and VII, but
occurs aleo in other chapters, For example, how can the author expect that
the heading Tu fyeque (Chapter IV, pp. 56409), veferring to the (apocryphal)
last words of dying Gaeaar, would be accessible to, or descriptive for, the
average reader, Even if they were more felicitous, juemalione exploits of
thie nature have no place in a scholarly work. Other recurrent flawe are
colloquiallems; sepetition of eltehes} texme jasecenl from German; no proof»
veading has been done; gaps extet in eietentwna in the footnotes, ete.

While there are atvetches of betttant writhing often of an spigrammatical
ineigivencas other. faetione are whehly Antereperded with turgid Teutonisme,
‘Throughout the atyle vaxces the reader to the Hones ie should also be noted that
the two sections | (Chapters Vand Vil) that have news published in law journals
do not harmonine with the author's pereonalized wetting; the law Review hoye
dehydrated them to that point of factuality they believe alone fitting for thelr
publications, Harmonisation of thane two layers of production may seem no
mean tool, .

1 mu ‘

The author's theaie or theme (ae understood by this reviewer) stated
in the briefest possible terms, in this: The legal and, in paeneninn, the
judictal hrogesnen are habitually and even congenitally abused by the Powers
That Be far the maistanance of the exioting power tonfigaration againgt real
or purported enemien, In politieal matters objective Mapensation of justice
doss not exist and, possibly, cannot exiat because it is constantly er to

the perversion on the part of the powerholdera. The perennial misuee of the

3
judicial processes aguinst detractors ond dissenters of the existing ovder appear
ag a kind of immutable law in the dynamica of power, In former less agitated
periods political justice was intended for the repression of the leolated rebel
against the legitimate order. In our time of the conflicting ideologies operating
on the mase basis political justice bas gained a cardinal importance, In the
ideological contest non-conformigm hag become a perpetual lacident of every
governmental structure and, in view of the technological devices of our mass
soctety, presents a much greater danger te the existing power configuration than
ever before becauge the non-conformist rather than being an individual eviminal
ie & person juatifying his actions on ideological grounds. Politigal trials of our
time, therefore, are at the same tine more crucial and more "“non-objective"
than ever before,

If thie is the general thesis of the book it would constitute a very substantial
envichment of our knowledge of certain aspects of the contemporary power
proceas and contribute its full measure to the clarification of our insight into
the application of seemingly ov allegedly neutral inatitutions for the purposes
of veal ov pretended legality.

tt

(1) Being familar with the author's work and having acquired a genuine

respect for his acholarahip and inventiveness it ia with considerable regret
recommend

that this reviewer cannot/publication of the manugeript in ite present form,

The main reagon for the negative verdict is that the study lacks focus and

organization. The reader is confronted with several studies all of them of

a high caliber without doubt - that have not been integrated into a comprehensible

fvame of reference. Even the finest specimens of precioua stones need a

setting gommensdurate ta thelr brilliance, To change the metaphor, these
individual studies ave variations on a theme, but the theme ig never spelled out
on systematically evolved. The enterprise lacke coherence and logic. of structure.
Almost without any goneval introduction setting down plan and purpoge of the
book the reader ie plunged into a mass of case material poasibly destined to
Wustrate the constructive scheme the author cust have had in mind, but
nowhere ia it stated in aystematical terma or analytical categeries. Gvidently
the author himeelf has felt the need for o general introduction to hia material.
as evidended by Kid remarks addressed to the Readers (reported in your
letter of April 22, 1960).

(a) To support the adverse opinion a summarizing compte rendu. of the
various chapters (as thie reviewer had understood them) may seem in order.

Chapter I on whose tenor obviously the entire study will depend, does
not present @ goherent thesis, Without the benefit of an exposition of what
political justice ia ‘within the content of the political dynamiem it confronts
the reader with various seemingly discounectéd case studies of the practice
of political justice. The charactevizationa ae “old style" or new style are
too vague to replace a syatematical categorization of leeuesa and concepte. It
seems imperative that the study start out with the discussion feng “posaibly. .
histovically substiuctured» that overy political regime whatever legitimacy or
‘Legality it may posseas in the minds of the aubjecta ov citizens, 1s bound to
apply the judicial apparatus, inttead of brute foree, to guarantee and stabilize
ite existence and ordering. Thie would vequive @ systematical presentation
of the legisiation for the defense of the state from which, at the same time,

the concepta ‘of "loyalty" and "subversion" may be derived, In its present

shape the chapter falls short of the baste requirement of telling the reader
which concepts control, and lnk together, the individual case studies or
aeparate facets of political justice to follow. Thie may be the plage for the
basic dletinction between acta of isolated and occasional dissidents of former
periods and the attempte at subversion on the part of large-scale collective
groupe ag of today,

Chapter Ik deals with specific inatances of repression (judicial or
otherwise) againet collective entities, illustrating the situation with the examples
of fouth Africa (which, however, may hardly be "political" justice); Bismark's
anti-Sogialiet policies; the anti-Communist repression in U.8,A., Bown, Germany,

Australia, the unavailing efforts of the bourgeois goveraments in Italy and.

: _ Prange to neutralize the Communist opposition, While not confined to the

judicial processes proper the chapter appears coherent and etructurally cone
vineing, provided the inarticulate promise of the distinction between individual
acte of rebellion and masa action ie understood,

To Chapter DI the reviewer would attach the gesieral caption "On the
paychology of the political trial’, It deale with the position and attitude of
the judge, the prosecution, the witneas. 1% containe some of the most penetrating
and original sections of the entire manuscript though the dlecussion is occasion
ally too elahovate, This chapter should be followed immediately by Chapter ‘VI
dealing with the attitude of the defendant caught in the meshes of polities)
Justice, The two chaptera belong substantially together, their separation
distorts the logical strusture of the entixe study.

Chapters IV and VIX deal with special facets of political justice, namely

the retribution meted out by successor governments against theix predesessors,

and the escape from political Justice by seeking asylum. Ag to Chapter IV:
lite a seemingly perennial problem in the changing dynamica of the power
proeess, ‘In the reviewer's opinion thie ie. one of the most valuable parte of the
manuscript: No similar study ham been published In English while a number

of books have appeared in Europe, In contrast to other. sections thie part

atande in need of implementation by both factual legislative and, possibly,

. gtatietieal judiotal material, itmay also be improved by additional historical
material, for example, the vendetta of the thirty tyrants in Athens and the
vengeance wrought against them upon their. overthrow; the trials before the
Roman Senate for laggae majestatias apposite trials tn Plovence and (at least
one) in Venice; and most important of all, the impeachment and other etate
tetale of the Puritan #evolution, Also the case of Marshall Ney may be called
‘te the author's attention, In this context the Nuremberg trials find their logical
place; there thé author's scholarly virtues are demonstrated ot thelr beat. tt
is aleo suggested that at this polnt the deonavifieation legislation in which
the author 18 an expert, be given the proper attention, On the other hand,

‘the ‘appendix dealing with Guillaume du Valr ‘dows not make much senge and
whould be relegated to a footnote, Gn-the-athex-hand Chapter VIN on agylur
has little logi¢al connection with the preceding parts; no bridge hag been
constructed to lead the seader to this discussion which ie political justice in
the negative sense only that the incriminated person either finds refuge abroad
and escapes from \etajthe tender ministration of bis enemies, or is. extradited,
But etace this may seem: to the auther-an important subject it may well be

‘ acomumedatedetthia: juncture,

Chapter Vil, entitled "The quality of mexey" » an excellent caption

4

has ite logical place at the end of the study. Seemingly written in haste and
factually and methodically not fully at pay with the other sections it may require
& more precise focus and expanaion of substance,

The final section entitled "Summing up" unfortunately contains material
that should have been included in the non-existing introduction. This reviewer
feele that the author hae not done full justice to his work in his general conglusions,

lv

de This reviewer believes that the study could be improved by the follow
ing suggestions:

A . |. A general introduction should be added dealing with the crime against the
state and the corresponding legislation for the defense of the state, wetting down
the categories of political juetice with particular emphasise on the historical
dichotomy of the adealoletration of political Justice directed againet individual
acts of non-conformiam and the present-day aliuation of collective mage action,

The sugcess of the entire book will depend on the general introduction.

2 Ghapter af whould be recast to serve ae iMustrative material of the
general categorization and ayetematiazation in the latvoduetion, followed by
Chapter 1%, The introduction plus Chapters I and 1 would constitute a coherent
Bart One, possibly entitled "Typology of Political Justice".

3. Chapters Hl and VI, possibly entitled "On the psychology (or sociology)
of the factors implied in political justice" belong together aad would constitute

4 Wart Three whould include the present chapters IV, V and VIL provided
the introduction will enlighten the reader how these large-seale case atudies

fit into the general context.

$. Ghapter VII timally and the General Gonclusions form the lagieal
tailend of the study.

B. Additional Substantive suggestions the reviewer would venture are
the following:

1, A considerable number of the case studies are too long, such as
the Kentucky case (which ia probably not a good choice) (18 pages) the Agarts
cage (14 pages) aud the John case.

2 Other parte should be drastically cut, ansong thexn the study on
Kestern German logelity. The general reader may not have the same interest
in soclaliat legality as haw the law review client,

‘3. Gontrariwise, the deotions ‘on the collaborationtsts and algo the
chapter on amndaty required expansion, ‘partioularly by factual legialative
material,

4. Tt is surprielng that the most celebrated of all modern political trials,
that against Dyeyfue, is omitted. The author may Have felt that it ip too familiar
to warrant exteneive disgusdion The average reader will mies tt

8, Ag mentioned shove the enilee problem would gain in perspective
by the addition of more historical material.

G Winally, there ave gome othex thoughts the author and publisher may
find of aome values

ka ‘Phe deflcieheies of style and presentation are such ad not eagily to be
dealt with by the customary editorial efforts. The author may find it to hia
advantage to enllet thi adeistance of a third person who knows nothing about the

subject matter but mayhelp to préaent it in a miore readable fashion without |

destroying the author's often brilliant formulations.

2 Having delivered himeelf of a study of such magnitude the author
may find it te hie profit to lay the entire study for some time on ice to gain the
proper distance as to structure and focus, The material does not become
obsolete and @ certain period of aver-~all reflection may be beneficial,

v

Severe ag the foregoing atricturejmay appear they ghould not be mia-
understood or misconstrued, The manuacript has all the earmarks of becoming,
in @ properly revised form, one of the major books on the geience of politics of
thie decade. I may vastly eoatelbute to a batter understanding of ao ubiquitous
political phenomenon which, fortunately, has varely arisen in this country, for
example, the Federalist battle against Jefferson's Republicans) the reaction of
the Republicans after coming to powers the impeachment of Samuel Chaves
the Reconstruction periods and, last but not least, MeGarthyiem. No veaponsible
publishing house should allow an enterprige of thie eminence to slip through
ite hands. ff properly eigdised and «partly- rewritten the book would adorn,
the publication list of any University Preae. This reviewer is far from minimizing
the importance and value of thie work or the qualifications of ite author. But to
publish it in its present, partly organizationally defective, partly overbalanced,

form would he a disservice ta a distinguished author,

Karl Loewenstein
Amherst, Massachusetts

May 7, 1960