Rather than completely eliminating the normative state, the
#Nazi regime slowly created a parallel zone in which “unlimited arbitrariness &
#violence unchecked by any legal guarantees” reigned freely. In this domain, which Fraenkel called the “prerogative state,” ordinary
#law didn’t apply. (A
#PrerogativePower is one that allows a person such as a monarch to act without regard to the laws on the books; theorists from
#JohnLocke onward have offered various formulations of the idea.)