Every actual democracy rests on the principle that not only are equals equal but unequals will not be treated equally. Democracy requires, therefore, first homogeneity and second—if the need arises elimination or eradication of heterogeneity.

Sovereign is he who decides on the exception.

The concept of humanity is an especially useful ideological instrument of imperialist expansion, and in its ethical-humanitarian form it is a specific vehicle of economic imperialism. Here one is reminded of a somewhat modified expression of Proudhon’s: whoever invokes humanity wants to cheat. To confiscate the word humanity, to invoke and monopolize such a term probably has certain incalculable effects, such as denying the enemy the quality of being human and declaring him to be an outlaw of humanity; and a war can thereby be driven to the most extreme inhumanity.

All significant concepts of the modern theory of the state are secularized theological concepts not only because of their historical development - in which they were transferred from theology to the theory of the state, whereby, for example, the omnipotent god became the omnipotent lawgiver - but also because of their systematic structure, the recognition of which is necessary for a sociological consideration of these concepts. The exception in jurisprudence is analogous to the miracle in theology. Only by being aware of this analogy can we appreciate the manner in which the philosophical ideas of the state developed in the last centuries.

Every fundamental order is a spatial order. One speaks of the constitution of a country or a piece of earth as of its fundamental order, its Nomos. Now, the true, actual fundamental order touches in its essential core upon particular spatial boundaries and separations, upon particular quantities and a particular partition of the earth. At the beginning of every great epoch there stands a great land-appropriation. In particular, every significant alteration and every resituating of the image of the earth is bound up with world-political alterations and with a new division of the earth, with a new land-appropriation.

Hauriou, became a crown witness for us when he confirmed this connection in 1916, in the midst of WWI: “The revolution of 1789 had no other goal than absolute access to the writing of legal statutes and the systematic destruction of customary institutions. It resulted in a state of permanent revolution because the mobility of the writing of laws did not provide for the stability of certain customary institutions, because the forces of change were stronger than the forces of stability. Social and political life in France was completely emptied of institutions and was only able to provisionally maintain itself by sudden jolts spurred by the heightened morality.

The essence and value of the law lies in its stability and durability (...), in its “relative eternity.” Only then does the legislator’s self-limitation and the independence of the law-bound judge find an anchor. The experiences of the French Revolution showed how an unleashed pouvoir législatif could generate a legislative orgy.