The podcast features Professor Aziz Huq discussing the concept of a 'dual state,' a term coined by Ernst Fraenkel in 1941. As highlighted, this concept reveals an alarming reality in America today, where the legal norms that most Americans rely on coexist with troubling breaches of rule, particularly affecting marginalized groups. Huq argues that many are unaware of the creeping authoritarianism and lawlessness that predominantly unfolds outside their view, emphasizing the significant historical context of Fraenkel's insights from Nazi Germany as pertinent to current American society.
The term "dual state" was coined by a Jewish lawyer called Ernst Fraenkel in a book published in 1941. Fraenkel was an extraordinary man who is undeservedly forgotten today.
Huq discusses how America is witnessing a decline in the rule of law, particularly for disfavored minorities, while many Americans remain unaware of this shift.
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