English Translation

It was the product of the struggle that led to the consciousness of its own liberal bourgeoisie in the 19th century against the absolute state. It is therefore tailored to completely different political needs and views when it brought with it National Socialism. At that time, the bourgeoisie was interested in breaking for all future the arbitrariness of the absolute state, which appeared most palpably in his police. Police violence appeared almost as "the born enemy of individual freedom"1). Therefore, institutions were placed alongside and above the police force, which should limit them and make their handling predictable. The law was recognized as the new power by which all absolutist arbitrariness was to break. The law, not in an idea-like philosophical form, as it was expressed in natural law, but as a norm - passed in the form of the parliamentary law - which is equally above the individual and above the state and is firmly bound between the two spheres of life. In this demarcation, the liberal state, from the premise of a constant contradiction between the state and the individual, and hence of a permanent collusion between state power and individual freedom, saw the actual function of police law. Two key practitioners of the previous Austrian police law gave this insinuence the clearest expression in the sentences: "Indeed, police law is only possible where the emancipated personality passes over the state and a collision of the spheres of action takes place...... The sanity of all legal provisions, by which... the sphere of law and power of the community vis-à-vis that of the individual .•... being stuck ..... is the police right." 2) The polemic tip of this view against the state comes 1): Zachariä, 40 books of the state, 1839, 4th part, p. 296. 2) Weinberger-Walitschek, police law, Vienna, 1927,p.41,25 70408