Legal History

Justifying Injustice: Legal Theory in Nazi Germany

By Herlinde Pauer-Studer
Cambridge University Press August 2022

Specifications

ISBN-13
9781316612163
Publisher
Cambridge University Press
Publication
August 2022
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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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 Führer 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 Führer 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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