Abstract: As the social conflict became more and more important in the representation of war itself, since the end of the First World War, Gierke’s disciples, among which Hugo Sinzheimer, used the corporations legal theory of their master in order to construct the german social law. During the Republic of Weimar, Otto Kirchheimer proposed a conception of the relation between war and politic that stands out from the « romantic » conception of the « gierkians » Sinzheimer and Fraenkel.