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It is said that William Brennan, the great US Supreme Court Justice, liked to greet his incoming law clerks with a bracingly simple definition of constitutional doctrine: five votes. ›You can’t do anything around here‹, Brennan would say, wiggling the fingers of his hand, ›without five votes.‹1 While memorable, Brennan’s definition was not entirely original. Seventy-five years before Brennan’s elevation to the high court, the jurist Oliver Wendell Holmes Jr. famously wrote: ›The life of the law has not been logic; it has been experience [...]. The law […] cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.‹2 Some years later, Holmes returned to this idea, writing: ›The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.‹3 Statements such as Brennan’s and Holmes’ found elaboration in the American jurisprudential movement known as ›legal realism‹. One of its most influential and articulate exponents was the law professor Karl Llewellyn (1893–1962). Trained at Yale Law School, and on the faculty of Columbia, Llewellyn had a foot in the two institutions most prominently associated with the realist movement.
Northeim is a town on the Leine River situated in the hilly region of Lower Saxony between Hildesheim and Göttingen; to historians it is known as the location of William Sheridan Allen’s path-breaking study of the Nazi Machtergreifung. The book was based on a 1962 dissertation at the University of Minnesota, and Allen first published it while at the University of Missouri in Columbia in 1965. Within two years, it appeared in England and was translated into German and French. Allen had settled at the State University of New York in Buffalo by the time I read the second, revised edition (New York 1984), which I used to write this review. In the forty years since its publication, Allen’s readable history became a standard for undergraduates in North America; and his microhistory of the Machtergreifung has been replicated in most German localities. A number of American scholars in particular have followed in Allen’s footsteps: Peter Fritzsche, David Imhoof, Rudy Koshar, and others, including myself. Part of the reason for the interest of American doctoral students in German Mittelstädte is, of course, pragmatic. When one has limited time and money for a research trip abroad, it seems reasonable to select for study an ‘überschaubare’ provincial town. The peculiarities of American culture is surely another reason that historians from the United States look for the German equivalent of ‘middle America’ in what Mack Walker called ‘German home towns’.1 But in the end, German historians from many countries, including Germany, have adopted Allen’s method because close investigations of events ‘on the ground’ offer a necessary balance to modern German histories ‘writ large’.