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CASE-016: The Dual State: normative and prerogative authority in National Socialist Germany

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Properties7
StatusActive
Standingdocumented
Kindspecimen
Tagssociety-and-governance
Linewill-organization
SupportsARG-003 — In the Dual State ordinary norms governed conduct while a prerogative order held authority over whether they bound, so a constraint can govern conduct without governing its own authority
Reported inLIT-805 — The Dual State: A Contribution to the Theory of Dictatorship

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The case

Fraenkel (LIT-805) distinguished the Normative State, where legal norms and procedures continued to govern, from the Prerogative State, which could act without equivalent constraint and decide whether ordinary rules applied.

What it can show

One structural point: a constraint may govern conduct without governing the conditions under which it remains authoritative. Not a model of organizations or agency, and nothing about Northstar is morally or historically analogous (CLAIM-032). The record holds no reading of Fraenkel yet: the case rests on the work as cited.

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