trisha-lynn (@trisha-lynn.bsky.social)

Rather than completely eliminating the normative state, the Nazi regime slowly created a parallel zone in which “unlimited arbitrariness and violence unchecked by any legal guarantees” reigned freely. In this domain, which Fraenkel called the “prerogative state,” ordinary law didn’t apply.

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America Is Watching the Rise of a Dual State For most people, the courts will continue to operate as usual—until they don’t. https://www.theatlantic.com/app/webview/682112/?app-privacy=apple-att&articleAudioPlaying=false&color-scheme=auto&fontScale=1#:~:text=Rather%20than%20completely%20eliminating%20the%20normative%20state%2C%20the%20Nazi%20regime%20slowly%20created%20a%20parallel%20zone%20in%20which%20%E2%80%9Cunlimited%20arbitrariness%20and%20violence%20unchecked%20by%20any%20legal%20guarantees%E2%80%9D%20reigned%20freely.%20In%20this%20domain%2C%20which%20Fraenkel%20called%20the%20%E2%80%9Cprerogative%20state%2C%E2%80%9D%20ordinary%20law%20didn%E2%80%99t%20apply