Under Nazi doctrine, legality derives from the leadershipâs will rather than from codified statutes.
Evidence
Best (op. cit.) puts it this way: âSo long as the police execute this will of the leadership, they are acting within the law; if the will of the leadership is transgressed, then not the police, but a member of the police, has committed a violation.â â Hannah Arendt, The Origins of Totalitarianism, 2732
Categorization
- DEFINE: Defines the Nazi inversion of the rule of law: police action is legal insofar as it executes the leaderâs will, and illegality attaches only to deviation from that will.
- XREF: Key building block for the fieldâs understanding of how âstate of exceptionâ legal philosophy justifies mass violence.