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Otto Kirchheimer between past and present

Abstract

This work aims to provide an overview of the juristic thinking of Otto Kirchheimer. At first, will be tried to relate Kirchheimer’s thought with the tradition of Critical Theory of Society - known as “Frankfurt School” - whose influence is striking throughout his academic production. Later, the focus will lie in the critic that Kirchheimer made against the National Socialist and his criminal law as instrument related to the elimination of political opponents. Finally, considering the typology built by Kirchheimer in the text “Political Justice,” will be discussed the possible contributions of his thinking in the current legal context.

Keywords:
Critical theory; National-socialism; Political justice

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