The Dual State: A Contribution to Theory of Dictatorship.

The German Jewish lawyer Ernst Fraenkel escaped from fascist Germany and settled in the United States. In 1941 he wrote an extremely important book which were going to discuss today. The book is titled The Dual State: A Contribution to Theory of Dictatorship.

The book explains how Hitler availed himself of two systems of law. The first Fraenkel called the normative state. This is your traditional law that regulates things like contracts and property. It was practiced in Nazi Germany and kept things stable. The second Fraenkel called the prerogative state. These are the arbitrary violence and unlawful actions taken by Hitler and the Nazis. These two systems of law existed side-by-side in Germany. This is what we see developing now in the United States of America.

Guest - Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. Hes also co-author of The Black Antifascist Tradition and We Charge Genocide: American Ashes and the Rule of Law. Hes a contributor to the just published Law And Disorder book From the Flag to the Cross: Fascism American Style.

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Gaza: Journalists Under Fire

There are so many horrendous consequences from Israels genocidal war in Gaza: the tens of thousands of lost lives, with who knows how many thousands still buried under the rubble of war, the intentional starvation of the Palestinian people, the vast destruction of their schools and hospitals and homes and places of business. And then there is the targeting of journalists in Gaza trying to report the news of the war. To date, more of them have already been killed by the Israeli military than were killed in the Civil War, First and Second World wars, the Korean War, the Vietnam War and the war on Afghanistan combined!

So today we cover the story of Israels attempt to keep complete and accurate news coverage of the war from the rest of the world, and the costly results of its attempt to do so: the hundreds of lost lives of those brave journalists who are determined to report news of the war no matter what the personal risks and costs may be.

There is now a documentary film that tells the story of what is at stake for the journalists covering the news of the war in Gaza. It is called Gaza: Journalists Under Fire.

Guest - Director and producer Robert Greenwald is the founder of Brave New Films, a nonprofit social justice media organization, and the director of numerous long and short form documentaries including Uncovered: The War on Iraq, Unmanned: Americas Drone Wars, Rethink Afghanistan, and more.