Justifying Injustice: Legal Theory in Nazi Germany

Legal History

Justifying Injustice: Legal Theory in Nazi Germany

By Herlinde Pauer-Studer
Cambridge University Press September 2020

Specifications

ISBN-13
9781107159303
Publisher
Cambridge University Press
Publication
September 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework.

These debates, the main threads of which are central to this book, reveal the normative ideas driving the Fuhrer state and the legal subtext to the Nazi regime's escalating atrocities.

Table of Contents

1. Introduction
2. From the Weimar Republic to the Third Reich
3. The Fuhrer state: facts and ideology
4. National Socialist criminal law
5. Racial legislation
6. Police law
7. The SS jurisdiction
8. The moralization of law in National Socialism
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