Gábor Hamza: The idea of the "Third Reich" in the German legal, philosophical and political thinking in the 20th century (Acta ELTE, tom. XXXVII, ann. 1999/2000, 77-86. o.)

1. The idea that after the Nazi takeover the German political propaganda machine strongly supported the naming of their land the "Third Reich" (Drittes Reich) is a mis-perception shared by many historians, political scientists as well as lawyers all around the world even today. It is much less known that Hitler himself was never in full support of this expression even though it proved quite effective both before and after the NSDAP (Nationalsozialistische Deutsche Arbeiterpartei) takeover.[1] A circular letter that was issued by the Ministry of People's Education and Propaganda of the German Empire (Reichsministerium für Volksaufklärung und Propaganda) on 10 July 1939 explicitly forbade the official use of "Third Reich". According to this circular letter Germany's official name is from this point on "Greater German Empire" (Großdeutsches Reich).[2] It is worth pointing out that the "Greater German Empire" (Großgermanisches Reich) used by the SS cannot be considered official either.

Years later on 21 March 1942 the Ministry of People's Education and Propaganda issued a circular letter with provisions for the official name of the "new Germany". It was to be called "Empire", quite possibly modelled after the British Empire.[3] The goal of using the expression of "Empire" was to illustrate to the world that the newly acquired lands include territories annexed or occupied by Germany without any international validity, altogether ca. 841.000 sq. km.[4] The same circular letter limits the use of

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the expression to Germany, emphasizing that there is only one Empire and that is Germany.[5] The use of the term "Third Reich", however, implied a serial empire which is comparable both in deeds and leaders to the empire, an idea that was entirely incompatible with the self-conscience of the imperialistic national socialism which fancied to be looked upon as the pinnacle of German history.

2. In a historical sense the First Empire was estabilished by Otto I in 962 who was crowned emperor by Pope John XII in Rome. This empire is also known as the Holy Roman Empire (Sacrum Románam Imperium, Heiliges Römisches Reich) which existed till 1806.[6] The "Second Empire" was founded on 18 January 1871 in Versailles after the Franco-Prussian War and remained the most influential political and military power in Europe until its dissolution in November 1918. In a sense the Weimar Republic can be considered an "intermezzo" (Zwischenreich) between the "Second Empire" and the "Third Empire".[7]

Following the Christian doctrine of Trinitarianism the three empires can be thought of in a religious and messianic way as follows: the "First Empire" is related to the Father, the "Second Empire" to the Son, while the "Third Empire" to the Holy Spirit. According to such an interpretation the "Third Empire" would constitute the zenith of history and the perfect symbiosis between the real and ideal, satisfying the profetic requirement of IBSEN and LESSING[8] that the contradiction between Christianity and Antiquity be dissolved. This "Third Empire" would follow a distorted era of Christianity that would be realized by the arrival of a new Messiah.

3. It is furthermore worth mentioning that in ernst krieck's Die deutsche Staatsidee (1917) the "Third Empire" appears not as a historical or political, but rather as a moral idea. Krieck alludes to Johann Gottlieb Fichte, the author of Reden an die deutsche Nation, a work that was rather influential in the latter's era. By 1919 Dietrich Eckart uses the "Third Empire" with a political and nationalistic content.[9]

Ernst Fraenkel (1898-1975), a lawyer who immigrated after the National Socialist takeover, quite rightly uses the term Doppelstaat ("Dual State") to describe the autocratic national socialist system, emphasizing the double nature of the national socialist political rule. To ensure the normal functioning of the economy a Normenstaat is

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in effect in the areas of civil, trade, corporate and tax law. On the other hand only professional experience, i.e. knowledge plays a part in securing political power (Maßnahmenstaat).[10]

4. In the preface of his work ARTHUR MOELLER VAN DEN BRUCK (1876-1925) emphasizes that the notion of the "Third Empire" is ideological (Weltan-schauungsgedanke), that rises above reality. MOELLER VAN DEN BRUCK's work quickly becomes widely known in Germany and has a large influence on the thinking of the young intellectual class with nationalistic feelings.11 The disappointment felt after the very harsh political and economic terms of the Peace Treaty of Versailles that were imposed on Germany after the First World War undoubtedly helped shape the thinking of this class. The same work only very slowly becomes known outside of Germany. The Solingen born author, who came partly from a traditional Prussian military family, was greatly influenced by the philosophy of NIETZSCHE. His affinity to the Pan-German ideas is also quite strong. He is rather well acquainted with the most influential European countries, since he visited England, France, Austria, Italy and Russia between the turn of the century and the outbreak of the First World War. He was never really concerned about the unique ethnic problems of the Austro-Hungarian Monarchy. With the exception of the Dual Monarchy and Germany he vehemently criticizes the major Western European powers, especially their political system and structure. To him the ideal "power" is Germany, his homeland, without which - according to him - no stability can or will exist in Europe.

The conservative philosopher feels antipathy for the Western democracies primarily towards France and England. He introduces the democratic system of these countries in an ironic belittling way. According to him it is only a fiction that the nation (natio) is made up of formally equal individuals. Moeller van den Bruck is convinced that Germany is predestined to lead Europe for the historical ties it has with the Holy Roman Empire (Sacrum Romamim Imperium). He states that in its history the Holy Roman Empire was never able to amalgamate itself into a real political community (politische Gemeinschaft). The Holy Roman Empire is almost exclusively dominated by the notion of territoriality (territorialitas), the result of which is centurial territorial dismemberment. This limits the development of German ethnic identity. The birth of the "Second-Empire" - despite the involvance of the political unity - failed to change this situation. The state further remains autocratic and is viewed as a "foreign body" by its citizens.

MOELLER VAN DEN BRUCK also condemns the Weimar Germany, in which all of the political views are superficial and not reflective of society. He strongly criticizes the

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Weimar constitution of 1919 as well, since in his opinion it is unable to provide the united Germany with an acceptable constitutional framework. Only with the elimination of its pseudo-values can Germany fulfill its mission of reviving Europe, something it is obligated to do with its rich ties to the Holy Roman Empire. It is the duty of the young generation to revitalize the dormant German intellectuals. They have to intuitively oppose and revolt against the deceiving values. Only as a result of such a "revolution" can the "Third Empire" come into existence.