Martial law provides the constitution of the Third Reich.
The constitutional charter of the Third Reich is the Emergency Decree of February 28, 1933.
On the basis of this decree the political sphere of German public life has been removed from the jurisdiction of the general law. Administrative and general courts aided in the achievement of this condition. The guiding basic principle of political administration is not justice; law is applied in the light of ‘the circumstances of the individual case,’ the purpose being achievement of a political aim.
The political sphere is a vacuum as far as law is concerned. Of course it contains a certain element of factual order and predictability but only in so far as there is a certain regularity and predictability in the behavior of officials. There is, however, no legal regulation of the official bodies. The political sphere in the Third Reich is governed neither by objective nor by subjective law, neither by legal guarantees nor jurisdictional qualifications. There are no legal rules governing the political sphere. It is regulated by arbitrary measures (Massnahmen), in which the dominant officials exercise their discretionary prerogatives. Hence the expression ‘Prerogative State’ (Massnahmenstaat).
-<The Dual State A Contribution To The Theory Of Dictatorship> by Ernst Fraenkel, p3
Ernst Fraenkel的Prerogative State概念极为深刻地洞穿了社会主义国家所谓法治的实质,看了派普斯的俄国革命史,更是令人惊叹Ernst Fraenkel的Prerogative State理想型对苏俄现实洞察之准确,真是天才,就连现在对中国的适用性也毫不过时。
V.Q.Straka(It was the best of times, it was the worst of time)
爱德华和他那难以置信的黑洞
尤其是最后一段的最后一句:
Finally, just before the black hole generator disappeared in a puff of smoke, every lost love in the history of the world was expelled into the air and rained down in an overflow of desolation.
当时看得头皮发麻