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Overview - key phrases

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1976 asked O. Negt, "why not the Germans, have Marseillaise '." His answer: "Because it's on German soil, never to the concrete experiences of a real revolution has been ...." But what's wrong with "the Germans"? Why there was never a revolution? And what consequences did this - except of that of Negt? The local
texts seek to historical (ie: not essentialist) responses and scientists are involved primarily with peculiarities of the German legal system.

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first Why the Germans no, Marseillaise 'have

p. 18: "The' German question 'is as soon as one character under changing ago, and she was always a question of the restoration. Why is the German history as rich NEN of restorations? A perhaps not fully satisfactory, but in many symptoms is empirically verifiable answer: Because it's on German soil, never the actual experience of a real , in folk traditions and culture of the society at . Is depressing revolution where has "

p. 27:" It expressed here [in the practice of the West German intelligence service] is a universal distrust in the constitution solution faithful of the whole people, of such distrust consume all authoritarian systems. . It is only logical that the concept of act unconstitutional to which the constitutional hostile attitude solution is reduced, [...] "

pdf file: http://media.de .indymedia.org/media/2007/08 / / 192489.pdf

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second A "republic", which is f. ashamed of their revolutionary development (Weimar), or not even around (Bonn / Berlin), has resigned as a democracy already

p. 140: "In the liberal idea of forging , Göttingen [Seven] 'and their relatives have inherited the choice of their sovereignty foregone princes so to speak. sovereignty, pre-constitutional lawlessness as par excellence the unlimited Illegalitätsreserve Governance was now itself and as constitutionalised, legalized Illegalitätsreserve ' an anonymous author Institute [...], as which she has driven neo-constitutionalism [...] the FRG new flowers. Made after this, the only political value judgments illegal cutting of the Basic Law is constitutional law in several hierarchically superimposed layers of approval levels. It is on a lower level, the democratic imperative of equality before the law (Article 3 para 1 GG) respecting equality legal behavior. On a higher level and down-hitting level, however, Legal subjects privileged negative, the political as negative, particularly as a revolution-prone-assessed claims and beliefs represented, and therefore are regarded as 'enemies of the constitution', although they behave completely legal. This inequality before the law is the Federal Constitutional Court, [...], as duly acknowledged [...] and a [...], defensive ready Democracy founded was that - it's all miracles and magic - by cutting back of democratic freedoms that democracy should be. [...]. As the export of "model Germany" the "West" is used, it is there not to love in return, but met with incomprehension. This misunderstanding is based on the belief that democracy does not come at the cost of permanent disclose their risks (as with its disposal, state of emergency 'work around a republic de Gaulle the occasion of the coup willingness of French officers showed Algeria: the effect was limited to their signal shortest-term imposition ) "(bold Hv d. Admin.)

pdf file of the full text:.. http://media.de.indymedia.org/media/2007 / 09 / / 194048.pdf

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third The German law

Sp 2806: "First of it should be noted that the R [true state], a conceptualization of the German state theory 19th Century. is. R. This is in the interest of the State bürgerl. State-authoritarian society. Conditions restrict . Thus, the difference between R. advance from the British Rule of Law, the not only as a limiting government, but this also constitutive (repräsentativstaatl. . Or democratic) principle is meant. "(Bold Hv d. Admin.)

Sp.2811" authoritarian state it rests in itself, [...] will therefore subsequently limited only by the R. [...] of the German R. 19th Century. [Get] the nature of a defensive event "

Sp 2817 f.:". Are serious concerns [...] a shift in the R.begriffs occasion which has arisen since about 1975 [...], a term change, which applies the R.idee not, as hitherto, against the state, but now against a private, not only against terrorists but also about against participants in demonstrations in which there is damage to property and against on grounds cast party. [... It] is then required in the name of Rabbi (!) More and more a reinforcement of police repression and surveillance instruments. Thus the term R. is turned into its opposite: no longer shield the individual in his role as spoilers or offenders against unlimited public prevention and repression, but legitimacy extensive security measures "(F. Endemann). Or the term transformation is perhaps only logical? "

pdf file of the complete Text: http://media.de.indymedia.org/media/2007/09//194049.pdf

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4th From Weimar to Bonn / Berlin: from the exceptional case by case basis-the ideologically-permanent state of emergency

f. p. 74: "The relationship between the state and" society "(the individuals and social organizations and institutions) is therefore in the characteristic of the parliamentary ideology ideologically structured in such a way that the state appears as a means by which the "spontaneous Homogeneity "can make themselves and their interests as ends of the state-setting social forces and reproduce. This builds on the functioning of this ideology extraordinarily rich prerequisite processes political and ideological unification and consensus in society that allows only the pluralistic teaching the practice of the state, its synchronization with the voluntary consent of the relevant political groups. The problem was these conditions in "Weimar" if only because in such a pluralistic mechanisms and ideologies in the ('special') German tradition had little to emerge, in the enforcement and securing of bourgeois ideology had encountered specific obstacles: the bureaucratic-military "authoritarian state" of the 19 Century, had his practice less can be produced on specific civic ideologies and socially inclusive forms of politics, in which the "spontaneous homogeneity" of the social forces than on by himself , authoritatively defined and against his "enemies" defended "hermetic" order concepts based that are directed to the individuals whose entry and submission (non-voluntary agreement) claimed they "

p. 75:". All This led [to some extent already] in "Weimar" [...] to a [...] on the defensive crowded parliamentary ideology: a marked tendency for the pluralism concept from an empirical to the political circumstances related structural and process model in one for all politically active subjects binding "restrictive" political-ideological ethics convert coins "

p. 76: It looks" less to legitimize on real political practices and empirical political processes rather than on an abstract "relativistic" philosophical concept [ ...] to the th coded , behavior and attitude to the imperatives of political act to address the subjects. This is it - an indication of weakness - not so much to demonstrate the practical usefulness of parliamentary institutions and methods for the empirical individuals in the specific political conditions, but above all, that of historical necessity or "correctness" epistemological "to derive .

p. 78, 79: " " Democracy itself is ahead relativism "[...].. Relativism is the general tolerance - not only tolerance of intolerance ". It was this ideological approach, the task fell to 1945 on to legitimize the repressive political practices of the state. was given it therefore particularly suitable because it opened the possibility to highlight the break with the past of the (dictatorial) mince Stisch as the ("weak democracy") "Weimar" State , at the same time but the politically repressive anti-democratic traditions German law to make. "

p. 70:" The specific and opposite "Weimar" new but is that the West German state, also of law, claimed the authority to certain general policy directions to eliminate political, banish them once and for all from the stage of the political. The political repression here has pushed back the situational, occasional moments by which it was characterized in the past, it has been superseded by the specific circumstances and risks of specific variable situations and, unlike in the traditional emergencies, states of emergency and police risk situations, with certain hazards and their assessment of political widely independent. The "free democratic basic order" does not legitimize its repression on the characteristics of certain situations and states, but on a general ideological level. (. Fat Hv d. Admin.)

pdf file: http://media.de.indymedia.org/media/2007/09//194050.pdf

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5th In Germany alone: the criminal proceedings cult of the "material truth" - at the expense of the rights of the accused

p. 537: "The German bourgeoisie was never strong enough to carry through a thoroughly liberalized criminal procedure. "

p. 522:" The German criminal procedure has - in the opinion of our criminal procedure doctrine - all other procedural systems, particularly the Anglo-Saxon advance that it is the truth. It is claimed that the advantage lies specifically for the accused, the truth was finally served with the more than formalistic compliance with its procedural rights. "" The criminal process authors involve themselves in the presentation of the pros and cons of both types of procedures, however in apparent inconsistencies. For example, believes Henkel, who warns eloquently before, determined a worse position 'of the accused in the Anglo-Saxon process: "The in-party proceedings greater risk of incomplete penetration of the facts, ie lack of Crime solving, will often in favor of the accused - so that although at the expense of legal community - impact '"

p. 523: "Anglo-Saxon critics refer to as the German method, therefore, inquisition '. Not without reason, for the German criminal process, it is never entirely successful, to withdraw from the magisterial inquisition ".

p. 537: " Today, the courts as well as criminal jurisprudence declare the assumption of a defendant's innocence until proven guilty and the equal regard for prosecution and defense in court (both rights upheld by the European Human Rights Commission) both as beeing incompatible with 'our procedural structure' And Thus invalid. Indeed sometimes all the rights of the defendant in court are declared . Incompatible with the establishment of the truth "

pdf file:

http://media.de.indymedia.org/media/2007/09//194051.pdf

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6th legalization of political repression - a German solo