STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 2631, sig. 109-12/279 (damaged)

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English Translation

4ou 8 in this view merely a state order of compulsion, which leads to an existence untouched by the requirements of the people's life. However, with this view the National Socialist revolution broke. It carried a new conception of the essence of law within itself. According to it, the right does not derive from the individual will of emancipated individuals. Rather, it goes back to the people as a kind-like community, is therefore given with the people and finds its purpose in the needs and tasks of this people. It is the Volkische Lebensordnung par excellence, which can be laid down in laws but can also be binding without explicit normation. The law is therefore not identical with the law (in the broadest sense) which can always only be the time-related expression of public broadcasting regulations to solve individual tasks. ( The application of the law must not therefore be exhausted in the process of logical subsuming to enforce a compulsory order over the people, but must aim at the maintenance of the general life order, which can never be completely identical with the legal order in all aspects of the development of the people. In this sense, the Reich Minister of the Interior declared Dr. F r i c k in a lecture at the Academy for German Law in Munich on 23.10.1936: "The National Socialist State is not limited to binding the administration to mere legal norms. Rather, the link is far closer by the fact that the administration in all its branches and organs is at the service of a world view and is oriented to the politics of the state leadership up to the last foothills and is fulfilled by the thanks of German loyalty, than if it rested only on formal legal norms. The written and unwritten order of life of the people is an insoluble part of our right; this right, which serves to preserve and shape the community, also determines the limits of the administration, which in turn has no other purpose than the preservation and development of the nation's right to live. 1) Höhn, von der Wesen des Rechts, Deutsches Landesreferat zum II. Internationale Kongress für Rechtvergleichung im Haag 1937, Zeitschrift für auslädische und internationalen Privatrecht, 11.Jahrg, a 5ffo, 173 ff. 70412