The Führer Protects the Law

The Führer as source of “supreme justice” in the German Reich: Carl Schmitt’s essay of 1st August, 1934

Schmitt

Legal-political philosopher Carl Schmitt is often described as the “crown jurist of the Third Reich” by modern commentators, an appellation supposedly first coined by  the German-American scholar of totalitarianism, Waldemar Gurian. Schmitt’s actual relationship with the Reich is contentious – there are plenty today who claim that his support for the National Socialist regime was opportunistic, that there is evidence he attempted to defend and support the Weimar constitution during its long period of gradual breakdown. Others counter these claims by pointing directly to works such as Schmitt’s Dictatorship, or to his Crisis of Parliamentary Democracy, arguing that they demonstrate an implicit fascist sympathy through their critique of the fundamentals of liberal parliamentarism and their advocacy for authoritarian forms of governance as an essential tool in statecraft. Whatever the reality behind Schmitt’s complex philosophical ideas, it is indisputable that he was part of the Conservative-Revolutionary intellectual milieu and that he fell behind the National Socialist regime after Hitler’s accession to the Chancellorship in 1933. Schmitt spent the early years of the new Reich attempting to provide its governance with a solid juridical-philosophical foundation, something he was assisted in by the prominent appointments he attained within the new regime including leading positions within the Prussian State Council, the Academy of German Law, and the National Socialist Lawyers’ League. The article below is a prime example of Schmitt’s writings from this period. Published in the prestigious legal journal Deutsche Juristen-Zeitung less than a month after the final death-spasms of the Night of the Long Knives and Hitler’s speech justifying the purge, “The Führer Protects the Law” sees Schmitt putting forth a legal justification for the extra-judicial killings of Röhm, Schleicher, Gregor Strasser, and numerous other real, potential, or imagined opponents of the regime. It is a juridical argument for Führerprinzip, positing the Führer’s legal role as that of both supreme judge and the supreme source of the Volk’s collective sense of justice; as such it makes for an inestimable contribution to fascist theory. 

The Führer Protects the Law
On Adolf Hitler’s Reichstag Address of 13th July, 1934
By
State Attorney, Prof. Dr. Carl Schmitt, Berlin

I.

At the German Jurists’ Annual Convention, held in Leipzig on October 3rd 1933, the Führer spoke about state and law. He elaborated the distinction between substantial law, which is not divorced from morality and justice, and the empty legality of false neutrality. He also delineated the inner contradictions of the Weimar system, which destroyed itself through this neutral legality and thereby handed itself over to its enemies. To this he added the sentence: “This must be a warning for us.”

In his speech to the Reichstag, delivered on July 13th 1934, which was addressed to the entire German Volk, the Führer invoked yet another historical lesson. The powerful German Reich founded by Bismarck collapsed during the world war because it lacked the strength “to activate statutes pertaining to war” in the decisive moment. The civil bureaucracy, devoid of all political instincts and paralyzed by the logic of the liberal constitutional state, could not muster the courage to treat mutineers and enemies of the state properly under the law. Anyone today who were to read the report on the public plenary session held October 9th 1917, in volume 310 of the Reichstag-Drucksachen [official record], will be appalled, and will understand the Führer’s warning. The Reichs-government reported that the ringleaders of the mutinying sailors were negotiating with members of the Reichstag affiliated with the Independent Socialist Party.

The German Reichstag answered with loud indignation that one cannot curtail a party’s constitutional right to campaign in the army, and that there was no conclusive evidence for high treason in this case. Well, only one year later the Independent Socialists threw this conclusive evidence in our face. The German Volk withstood an onslaught by the entire world with unprecedented bravery and with tremendous sacrifice for four years. But its political leadership woefully failed in the fight against the poisoning of the German Volk and the undermining of German law and its sense of honor. Still to this day we are atoning for the paralyses and hesitations of the German government during the world war.

All moral outrage over the disgrace of such a collapse accumulated in Adolf Hitler and became in him the thriving force of a political act [Tat]. The experiences and warnings of the history of this German calamity live on in him. Most people fear the severity of such warnings and prefer to escape into an evasive and compensatory superficiality. But the Führer takes seriously [macht Ernst] the teachings of German history. This endows him with the right and power to found a new state and order. Continue reading

Visions of National Socialist Democracy, Part IV: Joyce

William Joyce’s 1937 critique of British parliamentarism, and his suggested replacement: a representative National Socialist guild system

Joyce

This fourth part in the ‘Visions of National Socialist Democracy’ series constitutes a slight diversion away from German National Socialism and towards the NS of the British Isles – specifically towards the ideas of William Joyce, the British fascist who later became notorious under the sobriquet ‘Lord Haw Haw’. The piece below is an excerpt (slightly truncated for purposes of brevity) from the second chapter of Joyce’s 1937 pamphlet National Socialism Now, the primary ideological treatise for the National Socialist League which Joyce set up that same year after leaving Mosley’s British Union of Fascists. The contents of the document makes both its differences and its similarities with German National Socialism clear. The same basic ideological worldview is there, with its contempt for the plutocratic elements of liberal parliamentarism and the party system, but the solutions Joyce proposes have their own particularly British idiosyncrasies: Joyce’s inspiration for an alternative, illiberal form of representative government derives from the ideas of the earlier guild socialists, who themselves had drawn upon the form and content of the English guild system of the Middle Ages. While there is a distinctly British flavor to Joyce’s prescriptions, the resemblance of his ideas to the ‘council National Socialism’ proposed by early German National Socialists like Rudolf Jung is telling. Grappling with the problem of representation within an authoritarian system, and looking to earlier, pre-capitalist models for inspiration to resolve that problem, was an exercise which all fascists and National Socialists eventually seemed to find unavoidable. 

While the political system remains unaltered, it will be impossible to change radically the economic situation. First, the existing order of Parliamentary incumbents is too closely linked to High Finance to desire revolutionary change; so much is even true of the Labour Party, which has expelled more than one valuable member for having dared to expect Socialism within his own lifetime.

Secondly, this democratic Party System is not intended to be an instrument of fundamental change; on the contrary, it is obviously intended to keep things as they are.

The Leader of the Opposition is paid £2,000 a year to prevent the Government from doing what it pretends to think right. So much for the moral sincerity of the politicians. Even the Sermon on the Mount does not require us to pay our enemies. The answer may be: “But there is no enmity in the House of Commons.”

This answer may be taken as true; but it does not explain why the best of friends should pretend to engage in Homeric struggle and Hibernian vituperation in order to win elections.

From beginning to end, the keynote of the whole performance is callous hypocrisy. The sham fights of Westminster are meant to make the people think that somebody is caring for their interests; otherwise there might be hell to pay; it is more economical to pay the Leader of the Opposition…

…It is now clear that the National Socialist has no apology to make for his decision to end the Parliamentary farce. Constitutionally, and in perfect loyalty to the Crown as the symbol of Britain’s continuous majesty, the National Socialist proposes to make such changes in the system of Government as are necessary to produce the required changes in our system of living. Continue reading

Monthly Fragebogen: The Landvolk Movement

Bombs, barns, and bailiffs – nationalist writer Ernst von Salomon’s experiences in the revolutionary peasants’ movement, the Landvolk

Landvolk_Wer_Hilf

Last month’s excerpt from the autobiographical novel Der Fragebogen dealt in part with the conversion of Ernst von Salomon’s brother, Bruno von Salomon,  to Marxism. Bruno, like Ernst, was a nationalist – specifically an adherent to the ‘new nationalism’ prominent after the First World War. Bruno, before he became a Marxist, passed through the ‘Landvolk’ movement – as did Ernst, although the conclusions each reached from their experiences were different. The Landvolk movement (Landvolkbewegung, in English the ‘Rural Peoples’ Movement’) was a socio-political phenomenon beginning in the late 1920s in which the peasants of Schleswig-Holstein, Germany’s northenmost province, rebelled against the authority of the Weimar state. Incensed by Germany’s terrible financial situation, by high tax rates, by a lack of protectionism, by what they felt were unfair property seizures over tax and loan debts, by a lack of effective political representation, the province’s peasants began to fight back. Organizing as a class, the Landvolk were not an organized party; they had a flag (black, with a red sword and white plough) and leaders (Claus Heim and Wilhelm Hamkens), but both were informal, and there was no real hierarchy, no real organizational structure. Motivated by a shared pro-völkisch, anti-capitalist, anti-system worldview, this grass-roots movement began a series of vigorous protests against Weimar officials – protests which became more wild and more raucous over time until, inevitably, they devolved into outright terrorism. Naturally, all this activity attracted political radicals, which is how Bruno and Ernst von Salomon ended up in the region, along with countless other nationalists, communists, fascists, and National Socialists looking to turn words into action and fight directly against the hated Weimar state by helping the peasants in their struggle. Ernst von Salomon’s recollections of his and his brother’s involvement in the Landvolk movement from Der Fragebogen, reproduced below, provide a rather wry, first-hand recollection of an often-overlooked segment of Weimar radicalism. From these one can see the real-life inspiration for many of the events in von Salomon’s Landvolk-themed novel Die Stadt (published in English as It Cannot Be Stormed), which along with Hans Fallada’s A Small Circus (Bauern, Bonzen, und Bomben) is one of the best literary accounts of the Schleswig-Holstein peasants’ struggle.

I had neither seen nor heard from my brother Bruno for many years. He had as good as vanished. Our last quarrel had been shortly after the Kapp Putsch. He approved of putsches, but not of Kapp, whereas I thought that in those troubled times any man who wished was entitled to make his own putsch. My brother, who knew nothing save, as he put it, how to lead a company in close formation through a sewage farm, was making diverse efforts to lead an honourable, civil life; the question of loss of social rank worried him not in the slightest, and for a long time he lived in Hamburg as a workman in a woolcarding factory – until he at last realised that he would have more chance of changing the world than of altering himself. He recalled that no German can ever really go down so long as he continues to make use of the knowledge acquired at his elementary school. And so he succeeded in persuading the owner of a small printing press in Blankensee, who published a feeble and patriotic weekly paper, that under his editorship the subscriptions would be doubled. The periodical was called Die Deutsche Front, neither more nor less.

It did not occur to my brother that he might change his periodical’s name. It corresponded to a deeply felt need. This was a period when suddenly and everywhere men remembered that they too had served in the war. Feelings of personal dignity had long lain fallow, overwhelmed in the wreckage of the collapse; later each individual had been fully occupied in trying to hack a path through the ruins of civilian existence. But obviously during the din of battle every soldier had dreamed of a beautiful world such as could never come true. And obviously, too, when compared with the emotions of war-time those of peace seemed relatively ineffectual. Any ex-soldier was bound to feel that life had been filled with a starker intensity during the few seconds which decided whether or not a salient could be held than during those Homeric struggles for large, medium, or small coalitions which constantly placed the same small band of worthies on page one of the morning papers. So it is hardly surprising that as soon as this generation had recovered from its physical and psychological exhaustion a positive torrent of war books began to appear, books in which the authors attempted to put down on paper what had once been such very real experiences. It made no difference whether the war was seen from a positive or a negative attitude: the common experience was affirmed in all its power: and many a man who had previously maintained that his military service had been nothing but one long, atrocious martyrdom, now began to assert that he too had always been a good soldier – or alternatively to boast that he at least had had the guts to stand up to a bully of a sergeant-major. Continue reading

The National Bolshevist Manifesto

Karl Otto Paetel’s 1933 manifesto detailing the tactics and worldview of German ‘National Communism’

Wahlt_Kommunisten

Several months ago I posted a translation of the opening chapter of Karl Otto Paetel’s 1933 National Bolshevist Manifesto, which swiftly became one of the most popular things on the site.  At the time I indicated that I was in the process of translating the entire document. After several months of work, the translation of Karl Otto Paetel’s National Bolshevist Manifesto is now complete to a degree which I feel satisfied with. It can be downloaded directly from WordPress using the link below:

Paetel – The National Bolshevist Manifesto (1933)

Or it can be downloaded from the Internet Archive, where I also uploaded a copy.

If you experience any complications or difficulties downloading from either source, please leave a comment or send me an email through the ‘Scuttlebutt’ tab to let me know. As for distribution of the document, I have no problem if people want to host or share it elsewhere online themselves – I don’t expect people to ask my permission first. Once something is on the internet it tends to take on a life of its own, anyway.

Who was Paetel?

Karl Otto Paetel was born into a solidly middle-class Berlin-Charlottenberg family on November 23, 1906. The son of a bookseller, Paetel developed literary and intellectual interests early, and like most youth of his generation his thinking and outlook was deeply affected by the experience of the Great War and Germany’s subsequent post-War travails. The flourishing German Youth Movement, too, had a strong impact on his development – it was Paetel’s involvement in various youth groups that helped reinforce his nationalist sentiments, as well as his appreciation for the comradeship that came with activity within the framework of a tight-knit organization united around a common cause.

In 1928 Paetel enrolled at Friedrich-Wilhelm University in Berlin, studying philosophy and history with the intention of becoming a schoolteacher. Paetel’s studies were brought to an end only five semesters later as a result of his early forays into political activism. Defying a ban on demonstrations, a mass of students descended on the French Embassy in protest against the Treaty of Versailles, Paetel among them. To his shock he soon found himself slung in the back of a police vehicle, stuffed inbetween a Communist youth on one side and a National Socialist doctoral student on the other. The consequence of Paetel’s arrest once the University was alerted was the loss of his scholarship and his subsequent expulsion. With a sudden excess of free time on his hands, Paetel threw himself into journalism, writing articles for a variety of publications. He was particularly attracted to political subjects.

Continue reading