[p. 461]
B
[The Constitution of Germany]
[Introduction]
Germany is no longer a state. The older teachers of public law, who in treating German public law had the idea of a science hovering before them and who therefore set out to fix a concept of the German constitution, could not agree on this concept, until the more recent ones gave up the attempt to find it, and no longer treat public law as a science but as a description of what exists empirically, without adapting itself to a rational idea, and believe they can give the German state nothing more than the name of an empire or of a body politic.
There is no longer any dispute as to under what concept the German constitution falls. What can no longer be comprehended no longer is. If Germany were to be a state, this condition of the dissolution of the state could not be called otherwise than, with a foreign scholar of public law, anarchy, if the parts had not again constituted themselves as states, to which not so much a still-existing bond as rather the memory of a former one still
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