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In this prerogative state, #judges & other legal actors deferred to the #racist hierarchies & ruthless expediencies of the #Nazi regime.

The key here is that this prerogative state does not immediately & completely overrun the normative state. Rather, Fraenkel argued, #dictatorships create a #lawless zone that runs alongside the normative state. The 2 states cohabit uneasily & unstably. On any given day, people or cases could be jerked out of the normative state & into the prerogative one.