The Law in Nazi Germany: Ideology, Opportunism, and the Perversion of Justice (Vermont Studies on Nazi Germany and the Holocaust Book 5)

"Overall, this volume is very useful in that it makes the studies on justice under the Nazi regime and its memory accessible. It should therefore be of interest to readers well beyond the circle of specialists." · Vingtième Siècle. Revue d'histoire "These essays offer a significant contribution to our understanding of the role of one of the most important professions in underpinning the National Socialist regime and enabling its leaders to proceed with its murderous agenda." · Geoffrey J Giles, University of Florida While we often tend to think of the Third Reich as a zone of lawlessness, the Nazi dictatorship and its policies of persecution rested on a legal foundation set in place and maintained by judges, lawyers, and civil servants trained in the law. This volume offers a concise and compelling account of how these intelligent and welleducated legal professionals lent their skills and knowledge to a system of oppression and domination. The chapters address why German lawyers and jurists were attracted to Nazism; how their support of the regime resulted from a combination of ideological conviction, careerist opportunism, and legalistic selfdelusion; and whether they were held accountable for their Nazi-era actions after 1945. This book also examines the experiences of Jewish lawyers who fell victim to anti-Semitic measures. The volume will appeal to scholars, students, and other readers with an interest in Nazi Germany, the Holocaust, and the history of jurisprudence. Alan E. Steinweis is the Miller Distinguished Professor of Holocaust Studies and Director of the Carolyn and Leonard Miller Center for Holocaust Studies at the University of Vermont. In 2011 he held the visiting professorship in Interdisciplinary Holocaust Studies and German-Jewish History at the Fritz Bauer Institute at the University of Frankfurt, Germany. Robert D. Rachlin is Senior Director and General Counsel of Downs Rachlin Martin PLLC, in Burlington, Vermont. He is also a visiting professor at the Vermont Law School and adjunct faculty in the Carolyn and Leonard Miller Center for Holocaust Studies and the Department of German and Russian, University of Vermont. He has published on the Finnish response to the Holocaust, Nazi-era law in Germany, early Vermont history, and American law. Contents......Page 6 Preface......Page 8 Abbreviations......Page 10 Introduction — The Law in Nazi Germany and the Holocaust......Page 12 Chapter 1 — The Conundrum of Complicity: German Professionals and the Final Solution......Page 26 Chapter 2 — Civil Service Lawyers and the Holocaust: The Case of Wilhelm Stuckart......Page 48 Chapter 3 — Roland Freisler and the Volksgerichtshof: The Court as an Instrument of Terror......Page 74 Chapter 4 — Guilt, Shame, Anger, Indignation: Nazi Law and Nazi Morals......Page 100 Chapter 5 — Discrimination, Degradation, Defiance: Jewish Lawyers under Nazism......Page 116 Chapter 6 — Evading Responsibility for Crimes against Humanity: Murderous Lawyers at Nuremberg......Page 148 Chapter 7 — Judging German Judges in the Third Reich: Excusing and Confronting the Past......Page 172 Appendix A — Article 48 of the Weimar Constitution: 11 August 1919......Page 202 Appendix B — Decree of the Reich President for the Protection of the People and State (Reichstag Fire Decree): 28 February 1933......Page 203 Appendix C — Law to Remove the Distress of the People and the State (The Enabling Act): 23 March 1933......Page 205 Appendix D — Hitler's Call for a Nazi Lawyer's League: 12 September 1928......Page 207 Appendix E — Circular No. 8/1938 from Dr. Karl Leitmeyer, League of National Socialist Guardians of the Law: 4 March 1938......Page 208 Appendix F — Law Amending Criminal Law and Criminal Procedure (Excerpts): 24 April 1934......Page 210 Appendix G — White Rose - Leaflet 5: February 1943......Page 213 Appendix H — The Sentencing of Hans and Sophie Scholl and Christopher Probst: 22 February 1943......Page 215 Appendix I — The Fate of Markus Luftglass: Excerpt from the Record of the Nuremberg Justice Case: October 1941......Page 219 Appendix J — Opinion and Sentence of the Nuremberg Special Court in the Case of Leo Katzenberger: 13 March 1942......Page 222 Appendix K — Testimony of Curt Rothenberger at the Nuremberg Justice Case (Excerpts): 1947......Page 235 Appendix L — Gustav Radbruch, "Statutory Lawlessness and Supra-Statutory Law" (excerpt): 1946......Page 241 Contributors......Page 244 Selected Bibliography......Page 247 Index......Page 252 While We Often Tend To Think Of The Third Reich As A Zone Of Lawlessness, The Nazi Dictatorship And Its Policies Of Persecution Rested On A Legal Foundation Set In Place And Maintained By Judges, Lawyers, And Civil Servants Trained In The Law. This Volume Offers A Concise And Compelling Account Of How These Intelligent And Well-educated Legal Professionals Lent Their Skills And Knowledge To A System Of Oppression And Domination. The Chapters Address Why German Lawyers And Jurists Were Attracted To Nazism; How Their Support Of The Regime Resulted From A Combination Of Ideological Conviction, Careerist Opportunism, And Legalistic Self-delusion; And Whether They Were Held Accountable For Their Nazi-era Actions After 1945. This Book Also Examines The Experiences Of Jewish Lawyers Who Fell Victim To Anti-semitic Measures. The Volume Will Appeal To Scholars, Students, And Other Readers With An Interest In Nazi Germany, The Holocaust, And The History Of Jurisprudence--provided By Publisher. The Conundrum Of Complicity : German Professionals And The Final Solution / Konrad H. Jarausch -- Civil Service Lawyers And The Holocaust : The Case Of Wilhelm Stuckart / Hans-christian Jasch -- Roland Freisler And The Volksgerichtshof : The Court As An Instrument Of Terror / Robert D. Rachlin -- Guilt, Shame, Anger, Indignation : Nazi Law And Nazi Morals / Raphael Gross -- Discrimination, Degradation, Defiance : Jewish Lawyers Under Nazism / Douglas G. Morris -- Evading Responsibility For Crimes Against Humanity : Murderous Lawyers At Nuremberg / Harry Reicher -- Judging German Judges In The Third Reich : Excusing And Confronting The Past / Kenneth F. Ledford. Edited By Alan E. Steinweis And Robert D. Rachlin. Includes Bibliographical References (p. 236-240) And Index.