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Northumbria Research Link Citation: Keil, Andre (2014) States of Exception: Emergency Government and ‘Enemies Within’ in Britain and Germany during the First World War. Doctoral thesis, Northumbria University. This version was downloaded from Northumbria Research Link: http://nrl.northumbria.ac.uk/id/eprint/38990/ Northumbria University has developed Northumbria Research Link (NRL) to enable users to access the University’s research output. Copyright © and moral rights for items on NRL are retained by the individual author(s) and/or other copyright owners. Single copies of full items can be reproduced, displayed or performed, and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided the authors, title and full bibliographic details are given, as well as a hyperlink and/or URL to the original metadata page. The content must not be changed in any way. Full items must not be sold commercially in any format or medium without formal permission of the copyright holder. The full policy is available online: http://nrl.northumbria.ac.uk/policies.html States of Exception: Emergency Government and ‘Enemies Within’ in Britain and Germany during the First World War A Keil PhD 2014 States of Exception: Emergency Government and ‘Enemies Within’ in Britain and Germany during the First World War André Keil A thesis submitted in partial fulfilment of the requirements of the University of Northumbria at Newcastle for the degree of Doctor of Philosophy Research undertaken in the Faculty of Arts, Design & Social Sciences November 2014 Abstract This thesis examines the First World War’s impact on the exercise of state authority in both Britain and Germany. The project shows the extent to which expansive and intrusive domestic policies triggered a reconfiguration of the relationship between the state and its citizens. These processes are studied through a focus on the ‘state of exception’ and the wartime systems of emergency government in both countries. Legislation such as the Defence of the Realm Act in Britain and the German ‘state of siege’ laws served as major instruments of emergency rule and thus shaped the policies on the home front. Yet, despite its historical significance, historians have broadly neglected this aspect of the First World War. In order to address this gap in literature, the thesis examines how the emerging systems of emergency government in Britain and Germany were entangled with political, legal and social developments in both countries. Moreover, it shows how categories of ‘enemies within’ influenced the exercise of emergency powers by the police, the military and the courts. The thesis also considers how dissenting activists reacted to repressive emergency measures and how these experiences provided stimuli for civil liberties activism. Based on extensive research in German and British archives, this study offers an insight into policy-making on the home front and into the inner workings of the institutions entrusted with enforcing emergency measures. By adopting a comparative approach, it identifies national specificities, yet it also notes striking similarities in the British and German state responses to a totalising war. Despite the different political traditions and institutions in the two countries, the application of emergency powers produced comparable results in several respects. Overall, this thesis offers a fresh perspective on the ways in which European societies experienced the First World War on their home fronts. It shows how emergency measures sought to enforce endurance and support for the war effort in Britain and Germany. Moreover, it intervenes in the current debates about the legitimate limits of state power in the face of prolonged crisis. This study thus contributes to the understanding of the phenomenon of the state of exception in modern Europe. Contents Page Introduction 1 I. The Rise of a Paradigm: Experiences of the State of Exception in 36 Britain and Germany before 1914 State, Society and the State of Exception in the Nineteenth Century 36 The Legal Frameworks of the State of Exception in the Nineteenth Century 39 Public Order and the State of Exception: The Application of Emergency 52 Measures before the First World War Preparing for the War at Home: The Role of Emergency Government in 72 German and British War Preparations Conclusion 86 II. The Opening of Pandora’s Box: Emergency Government and 90 Home Front Politics 1914-1916 July Crisis, Truce Policies and the Establishment of the State of Exception 92 (August 1914- December 1914) Emergency Government between Domestic Truce and Emerging Dissent 128 (January 1915 – November 1916) Conclusion 154 III. From Crisis to Revolution: Emergency Government and 158 Totalised War (1916-1918) The Military Crises of 1916: Changes in Government and their Impact on 161 Emergency Government The Impact of the Russian Revolutions in 1917 on German and British Home 175 Front Politics Towards the Abyss: Emergency Government, Dissent and Enforced Endurance 204 at the Home Front (1918) Conclusion 223 IV. Guardians of the Home Front: Military, Police and Courts as 228 Agents of Emergency Government Enforcing the State of Exception: German and British Police within the System 230 of Emergency Government Law as a Weapon: Courts and Judges as Agents of the State of Exception 267 Conclusion 285 V. The ‘Enemies Within’: Activists, Emergency Measures and the 288 Struggle for Civil Liberties Pacifists and the State in Britain and Germany before 1914 290 British and German Activists and the State of Exception 304 Conclusion 337 Conclusions 341 Appendices 352 Law regarding the State of Siege of 4 June 1851 352 Law regarding the Detention and Restriction of Presence on Basis of the State 355 of War and State of Siege of 4 December 1916 The Defence of the Realm Consolidation Act, 1914 357 The Defence of the Realm (Amendment) Act, 1915 359 Bibliography 361 Acknowledgements This thesis is the result of three exciting and turbulent years of research. It would have been impossible for me to complete this work without the help and support of my family, friends, colleagues and mentors. I am deeply indebted to my principal supervisor Dr Daniel Laqua for being a constant source of inspiration, support and motivation. His comments, thoughts and suggestions were invaluable for my research. Furthermore, by learning from his inspiring example I was able to develop my own abilities as a scholar and academic teacher. I would also like to express my deepest appreciation to Dr Charlotte Alston who provided me with very insightful comments on my work and was always supportive when I needed her help. Without the guidance and persistent help of my supervisors, completing this thesis would not have been such a rewarding process. I would like to thank my fellow PhD students at the Department of Humanities at Northumbria University, of which many indeed became friends, for sharing the highs and lows of being a research student with me and for creating such a unique and supportive academic community. Without this positive environment and the countless discussions we had I would not have been able to develop the ideas in this thesis so far. I would also like to thank the members of the Department of Humanities for creating an inclusive and stimulating atmosphere that facilitated my academic development. In addition, I am grateful for the generous financial support offered by the University of Northumbria at Newcastle that enabled me to conduct my research. I am equally thankful for the bursaries and scholarships provided by the Royal Historical Society and The Society for the Study of Labour History, which allowed me to visit archives in the United Kingdom and to attend numerous conferences to present my research. Finally, I would like to dedicate this thesis to my mother Monika who helped me through the hardest phases of this PhD by offering loving support and understanding. André Keil Newcastle, November 2014 Declaration I declare that the work contained in this thesis has not been submitted for any other award and that it is all my own work. I also confirm that this work fully acknowledges opinions, ideas and contributions from the work of others. Any ethical clearance for the research presented in this thesis has been approved. Approval has been sought and granted by the Faculty Ethics Committee on 24 January 2012. I declare that the Word Count of this Thesis is 86,654 words. Name: André Keil Signature: Date: 26 November 2014 Introduction In an article titled ‘The Rule of DORA’, written in 1919, the historian Sydney W. Clarke lamented that, ‘(…) of the phenomena exhibited during the four years of warfare, none is more remarkable than the docility with which the people of this country submitted to the abrogation of many of their most cherished rights.’ He went on to complain that under the Defence of the Realm Act of 1914 (DORA): Such fundamental principles of the Constitution as those expressed by the phrases Government by Parliament, the Responsibility of the Executive to the Legislature, the Liberty of the Subject, Trial by Jury, Open Law Courts, Freedom of Speech, the Freedom of the Press, and An Englishman's House is his Castle, were attacked, whittled down, and in some cases reduced to mere shreds of their former consequence.1 Two years earlier, in October 1916, the liberal German newspaper Münchener Neueste Nachrichten adopted a similar tone when it criticised the repressive regime under the Belagerungszustand (state of siege) in their country: A system sufficiently characterised by catchwords such as detention without trial, postal censorship, suppression of the freedom of expression and newspaper bans, has haunted the German people like a nightmare for almost two years now. […] It has become a constant feature of our daily life. It then somewhat ironically concluded that, ‘if one day a historian will look at this aspect of the war, he will only be able to grasp the whole thing with a strong sense of humour.
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