Neumann tied legal theory to progressive social function under prevailing conditions

Evidence

The results were, on the one hand, a functionalist concept of legality: in legal theory and legal practice, the decisive consideration was whether a theory or an interpretation fulfilled a `progressive social function’, given the prevailing economic and political conditions. On the other hand, Neumann saw the liberal constitutional state as releasing certain progressive elements which must be essential constituents of any state which took the freedom of the individual seriously: The generality of the law, the independence of judges, and the doctrine of the separation of powers, have, therefore, functions transcending the needs of competitive capitalism, since they secure personal liberty and personal equality. — Rolf Wiggershaus, The Frankfurt School, 932

Categorization

• DEFINE: Defines Neumann’s functionalist concept of legality — the criterion being a ‘progressive social function’ under given conditions.
• XREF: Connects to the Law Merchant material — institutions evaluated by their function rather than formal doctrine. — connects to: The Institute positioned theory as a tool for society’s progressive forces. — Rolf Wiggershaus, The Frankfurt School: Its History,…, 538; Liberal legal forms have progressive functions beyond serving capitalist calculation — Rolf Wiggershaus, The Frankfurt School: Its History,…, 933; Neumann grounded legal criticism in natural law’s normative rationality — Martin Jay, The Dialectical Imagination: A History…, 469

Broader Connections

• Neumann grounded legal criticism in natural law’s normative rationality #expands (0.85) — Martin Jay, The Dialectical Imagination, 469