Rule-of-law skepticism redefined protective custody as legal-free arrest
Evidence
In a more rationalized form, we find the theory that “legal guarantees were needed in states founded upon conquest and threatened by the conflict of classes and races; they were superfluous in a Russia with harmony of classes and friendship of races” (Hans Kohn, op. cit.). Although idolization of power played a less articulate role in Pan-Germanism, there was always a certain antilegal tendency which for instance comes out clearly in Frymann, op. cit., who as early as 1912 proposed the introduction of that “protective custody” (Sicherheitsliaft), that is, arrest without any legal reason, which the Nazis then used to fill concentration camps. — Hannah Arendt, The Origins of Totalitarianism, 2450
Categorization
Category: Causal Relationships
- XREF: Direct scaffolding into the biopolitics/necropolitics module — legal form emptied of content as precondition for mass detention.
- DEFINE: Sicherheitshaft / ‘protective custody’ origins — arrest without legal reason, invented 1912, later filled Nazi camps.