The article reflects on Ernst Fraenkel's insights into the mechanisms of Nazi rule, as articulated in his book The Dual State. It emphasizes how the Nazi regime maintained a semblance of normalcy in the capitalist economy while enforcing a climate of lawlessness and oppression. Fraenkel, a Jewish labor lawyer, drew from his own experiences to highlight the gradual erosion of the Weimar Republic's constitutional structures, revealing that dictatorial regimes often do not completely discard existing legal frameworks but instead redefine them to suit tyrannical objectives.
Fraenkel explained that a lawless dictatorship does not arise simply by snuffing out the ordinary legal system; rather, that system remains while dictatorial power spreads across society.
His book, The Dual State, illustrates how the Nazi regime maintained a capitalist economy under stable laws while simultaneously establishing a domain of lawlessness and state violence.
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