"The Protector of the Law has three tasks: he has to know the Law, to apply it, and to further develop it. The most important among these tasks is the third one, because everything we do is subjected to the Law of Development.
We not only have to pay attention to the existing law, but particularly to the Lawmaking for the Future. Our Law Policy Task is not only to maintain the existing order, but also to create a better one.
I should explain why it is the Protector of the Law who has a particular calling to deal with this task.
The Leadership of the State has the unconditional and final power in all decisions relating to the architecture of this Community of the People.
Does the Leadership of the State need lawyers to fulfill this political task? The individual lawyer may wish to see it that way from a professional and psychological point of view, which is understandable.
Lawyers are generally busy for their entire life, regulating and controlling the traffic of the Community inside a preserve tightly confined by thousands of legal paragraphs, occupied with daily concerns such as ‘mending the fences’ and ‘cleaning the trenches’.
Thus, lawyers will strongly feel the temptation eriving from the liberating act of Law Crafting, this masculine challenge that characterizes every advance into unknown territories.
They will gratefully welcome the opportunity to either become part of a tremendous large-scale Planning Effort – or just take care of a modest (legal) garden left for their care.
However, the reasoning for the responsibility of the Protector of the Law for this architectural role derives from the ‘necessities and needs’ of the Community.
Creating this new Law Policy requires the support of those lawyers who command the Field of Law, who know the Legislation and the Rules of Lawmaking, for it is obvious that one needs to know the ‘Good’ in order to be able to find the ‘Better’.
I am convinced, however, that the justification of this calling to craft New Legislation has to be founded even deeper.I think it has to come from the very nature of the order given by the People to the Protector of the Law: Following a law of Nature innate in the profession of the ‘Protector of the Law’, he must ultimately be the responsible Architect of the Law.
The relation between the ‘Protector of Law’ and the Law today is different from the ‘Legal Positivism’ of the late 19th century that has been the prevailing opinion until the turn of the century: The Creation of New Law is solely the task of the Legislators, and the role of the Judge is confined to the integration – the ‘Submission’ – of the ‘Facts of Life’ under those facts determined by Law. He tries to liberate the law from eventualities and exposes the reinforcing framework of a law that ties legal consequences to a random event.All branches of legal activity are part of the Purification: The Scientific Theory of the Law, the results of which are being condensed to legal advice for the practice of law, and the daily efforts by the Front Officers of the Law who become advocates of the Insulted Consciousness for the Law; as well as the judge who – with a verdict – brings final validity to the Instructions of the Law.
All these elements develop the Law in a meticulous continuous effort that requires the daily Awareness of the Peoples’ Consciousness of the Law.
The true nature of the Legal Constitution of a People can only be recognized by those observers who do not only stare at the laws, but take into consideration the lively synergy of all these forces together. This ‘extensively practiced art’ has to be used when a General Overhaul of entire Legal Systems is due that exceeds the possibilities of daily corrections.
This is even more true when a Complete Overturn of a Legal System of revolutionary proportions calls for the use of all available forces.
Today we see the entirety of the ‘Protectors of Law’ – the entire legal profession, if you want – participating in the giant task of the People’s Renovation of the Law.
The truth is that no Law comprises the full magnitude of life, and that every formulation of legal facts can only be an attempt to highlight the typical elements of a decision. Thus, as has been known since ancient times, the logic of the lawyer is necessarily analogous.
The most outstanding characteristic of today’s State of the Law will forever be the Total Policy of the Law. This means an unprecedented wide and deep revolution of the antiquated legal system to its remotest corners.
The result of this Renewal will characterize the Cultural Face of the New Era.
In the past, this Process was an event within conventional borders – a type of internal affair of a small-size Germany. The Epochal Events, however, portray this process in a completely new light.
All internal problems, all internal tasks are overshadowed by the great impact of the Link-up; they are overwhelmed by the magnificent impulses that the Legal Policy Work obtains from the Homecoming of Austria and Sudetenland.
The Creation of the Greater German Reich is:
The task is no longer just to renovate a dilapidated old house, but to construct a New Building for an Enlarged Family on an Extended Territory.
The question will be: Is it really necessary to erect just one building?
This brings us right to the first problem of legal policy caused by the territorial annexations: Why should one single legal system form the basis of a Greater Germany?
There can be no doubt today about the necessity for a Unified Legal System.
The failure to put this law into action is one of the unfinished tasks and failures of the Second German Reich.
The affirmation arises not only from material convenience. This Greater Germany is increasingly becoming one single economic entity.
Therefore it is obviously not acceptable that the Legal System – that represents the blood circulation of this Body – is being strangulated by the diversity of legal systems in its different parts.
A People are not only formed by common physical conditions, i.e. inherited and external factors. Neither are they formed by the common fate of history alone. A People are primarily shaped by common convictions and values.
Thus, the Leadership of a Peoples’ State, in particular National Socialism, cannot do without the tools of law in order to secure this common ground.
The law is the most outstanding means of education at the disposal of a community, for there are few things the authoritative nature of which are so deeply based in the human heart as the belief in Law and Truth.
Since we now answered the question of “if“ a uniform legal system is needed, we now can turn to the question of “what“ such a system must look like, which is even more difficult.
The Link-Up is initially a process of State Law. This process integrates the Territory and the People of the newly linked state, creating a New Nationality for the people.
Moreover, this process subjugates the People and the Territories to the Sovereignty of the Mother State with its defined Legislative and Executive Constitutional Powers.
In other legal areas, the Link-Up leaves the existing legal order intact. In all the Unified Territories, the old legal system continues – except, of course, where this contradicts the Constitution of the Unified State.
Thus, for the Greater German Reich, a Common Legal System is not a fact that automatically results from the creation of this (future) Reich, but it is a task.
A naïve observer of this situation could think that nothing is easier to accomplish than this task. Such a person could think that one needs only one Instruction, namely that all laws of the Old Reich would immediately be applicable to Austria and the Sudetenland. But the task at hand is not that simple.
It is impossible to impose over such a Territory at once the entire Sum of our Written Laws. Such a strategy would already fail due to the sheer limitations of the mental capacity of those people who are to apply these laws.
Such an attempt would also fail due to the complexity of the structure of a Modern Social Order.
One cannot simply change a Legal System like a dress that has become unfashionable because every fundamental change also touches – so to speak – the Personality of a People.
I am now coming to the concrete questions of the Adjustment of Law. One has to distinguish between certain Norms, the introduction of which cannot be delayed; they represent a certain Emergency Program within the Legal Unification Process.
On the other hand there are those (laws) that have to be crafted first, since in the legal field there are no inventions but only discoveries.
These laws have to be crafted under the participation of the ‘Protectors of the Law’ in the Eastern Territories, who can make some contributions towards the Purification of our Legal System and towards making it a True Law of the German People.
The ‘Legal Emergency Program‘, the immediate goals, are in fact the introduction of the laws already in use in the Old Reich.
The Legal Process to introduce these Laws is the Directive. The Competence lies with the Officials of the Reich together with the Ministry of the Interior.
Among the subjects of this Rapid Alignment we can differentiate between two groups: The first group comprises the Directives concerning the Constitutional Law, which constitute the National Socialist State and define its shape and reality.
These Directives were already introduced in Austria a few days after the Unification Law.
Among them are:
The second group of immediate laws, which are expanding daily, comprises the Directives concerning the Build-up of State Organizations, Material Rights or Proceedings about which the National Socialist Law Maker has already cast its verdict – either by maintaining Existing Legal Conditions or by Creating New Ones.
These Directives are ‘causa iudicata’, i.e. they have entered from the State of Law Policy into the State of Existing Order. These laws require no further deliberations.The most important Acts in this category that were immediately introduced were:
The introduction of these laws of great urgency cannot simply be accomplished by a naked sentence that orders these laws into force in the new territories.
By the way, these laws have not been introduced in the Sudetenland at the same speed because of the insufficient time, but also because we could not take over an entire State with a defined legal system.
The structure of the administrative organization of Austria and Sudetenland, which is currently being shaped, will serve as a model for the future administration of the entire Reich. This has been outlined by Reich (Interior) minister Frick a few days ago, during a speech at the ‘Academy of Administration’ in Hamburg (Germany).
At the lower level there will be the entities of the cities and counties; the counties are a mixture of administrative districts of the State and self-administrated bodies, they will be led by an administrative head;
At the middle level (of this administrative structure) there will be the entities of regions of the Reich, also a mixture of administrative districts of the state and self-administrated bodies; they will be led by governors of the Reich.
These few examples may give you an impression how much still needs to be done to execute after the political Germanization and also the Legal Germanization of the New Territories. An overwhelming abundance of great opportunities lies in front of the German ‘Protector of the Law’. He will seize it with a deep trust in the future of our people, and with the consciousness that it is an honor for him to share a modest part of the burden of the construction work towards the completion of the grand historical task of Germany we all have been made part of.