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.

It is striking that one of the most consequential representatives of this abstract scientific orientation of the seventeenth century became so personalistic. This is because as a juristic thinker he wanted to grasp the reality of societal life just as much as he, as a philosopher and natural scientist, wanted to grasp the reality of nature. He did not discover that there is a juristic reality and life that need not be reality in the sense of the natural sciences. Mathematical relativism and nominalism also operate concurrently. Often he seemed to be able to construct the unity of the state from any arbitrary given point. But juristic thought in those days had not yet become so overpowered by the natural sciences that he, in the intensity of his scientific approach, should unsuspectingly have overlooked the specific reality of legal life inherent in the legal form. The form that he sought lies in the concrete decision, one that emanates from a particular authority. In the independent meaning of the decision, the subject of the decision has an independent meaning, apart from the question of content. What matters for the reality of legal life is who decides.

All law is "situational law." The sovereign produces and guarantees the situation in its totality. He has the monopoly over this last decision.

Sovereign is he who decides on the exception.

To be sure, Protestant theology presents a different, supposedly unpolitical doctrine, conceiving of God as the "wholly other," just as in political liberalism the state and politics are conceived of as the "wholly other." We have come to recognize that the political is the total, and as a result we know that any decision about whether something is unpolitical is always a political decision, irrespective of who decides and what reasons are advanced. This also holds for the question whether a particular theology is a political or an unpolitical theology.

Value has its own logic. In the constitutional state that is most clearly recognizable in the enactment of its constitution.

The various philosophies of life presented themselves as a conquest of materialism, or in any case, they readily claimed it. That does not change anything: their valuations, revaluations, and explanations of disvalue have been emptied into the over-all secularization stream, where they have only hastened the tendency to unlearn, which is a neutralizing process, after all.

The social product grows from year to year. Who is now the true creator of this surplus value which grows wildly and beyond any measure? Who can afford to figure out the profit yielded causally adequate by this immense wealth and the series of economic miracles? In concrete terms: who is the legitimate distributor of the social product and who actually assesses the shares in practical life? As long as the issue is about value, all such questions must above all be formulated as economic questions.

Nobody can valuate without devaluating, revaluating, and serving one's interests. Whoever sets a value, takes position against a disvalue by that very action. The boundless tolerance and the neutrality of the standpoints and viewpoints turn themselves very quickly into their opposite, into enmity, as soon as the enforcement is carried out in earnest. The valuation pressure of the value is irresistible, and the conflict of the valuator, devaluator, revaluator, and implementor, inevitable.

A science that observes the laws of causation, and so is value-free, threatens human freedom and man's religious, ethical, and legal responsibility. The philosophy of values raised to that challenge, in the sense that it opposed a sphere of values, as a realm of ideal valuations, to a sphere of being that was only causally understood. It was an attempt to assert the human being as a free, responsible creature, indeed not in itself, but at least, in its valuation, what one called value. That attempt was put forth as a positivistic substitute for the metaphysical.