The Making of a Cause Lawyer

This chapter provides the biographical and historical context necessary for understanding Fraenkel and his time. The analysis is organized into three sections: his early years, the Weimar Years, and the Nazi years. In the first section, I trace Fraenkel’s upbringing in a secular household influenced by the so-called Jewish Enlightenment, or Haskalah; explore the origins of his life-long predilection for social democracy; and recount the intellectual effects of his military service in World War I. In the second section, I reconstruct Fraenkel’s education and socialization as a young lawyer and interpret Fraenkel’s most important Weimar-era writings. I explicate the roles they played in preparing the ground for the writing of The Dual State. In the third section, finally, I commence my analysis of Fraenkel’s Nazi-era thought and conduct up until his escape to freedom in 1938.