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National Socialist Criminal Law
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Book Synopsis National Socialist Criminal Law by : Kai Ambos
Download or read book National Socialist Criminal Law written by Kai Ambos and published by Nomos Verlag. This book was released on 2019-09-27 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.
Book Synopsis Ideology and Criminal Law by : Stephen Skinner
Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Book Synopsis Nationalist Socialist Criminal Law by : Kai Ambos
Download or read book Nationalist Socialist Criminal Law written by Kai Ambos and published by Nomos/Hart. This book was released on 2019-12-26 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist (“Germanic”), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siècle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte (“New Right”) to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.
Book Synopsis Justifying Injustice by : Herlinde Pauer-Studer
Download or read book Justifying Injustice written by Herlinde Pauer-Studer and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law in Nazi Germany by : Alan E. Steinweis
Download or read book The Law in Nazi Germany written by Alan E. Steinweis and published by Berghahn Books. This book was released on 2013-03-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law Under the Swastika by : Michael Stolleis
Download or read book The Law Under the Swastika written by Michael Stolleis and published by University of Chicago Press. This book was released on 1998-02-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Stolleis is part of a younger generation and is determined to honestly confront the past in hopes of preventing the same injustices from happening in the future.
Book Synopsis National Socialist Family Law by : Mariken Lenaerts
Download or read book National Socialist Family Law written by Mariken Lenaerts and published by Martinus Nijhoff Publishers. This book was released on 2014-11-07 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: In National Socialist Family Law, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis in Germany and the Netherlands and analyses the National Socialist character of these changes.
Download or read book Hitler's Justice written by Ingo Müller and published by . This book was released on 1991 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?
Book Synopsis Political Justice by : Otto Kirchheimer
Download or read book Political Justice written by Otto Kirchheimer and published by Princeton University Press. This book was released on 2015-12-08 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology. Originally published in 1961. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis Judges Against Justice by : Hans Petter Graver
Download or read book Judges Against Justice written by Hans Petter Graver and published by Springer. This book was released on 2014-09-11 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Book Synopsis Punishment by Analogy in National Socialist Penal Law by : Lawrence Preuss
Download or read book Punishment by Analogy in National Socialist Penal Law written by Lawrence Preuss and published by . This book was released on 1936 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Darker Legacies of Law in Europe by : Christian Joerges
Download or read book Darker Legacies of Law in Europe written by Christian Joerges and published by Hart Publishing. This book was released on 2003-05-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by leading scholars, presents theoretical, historical and legal inquiries into the legacy of National Socialism and Fascism.
Book Synopsis In the Name of the Volk by : Hannsjoachim Wolfgang Koch
Download or read book In the Name of the Volk written by Hannsjoachim Wolfgang Koch and published by . This book was released on 1989 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1934 the Nazis set up a special court to deal with treason against the German state. Between 1934 and 1945 this court - the Volksgerichtshof or People's Court - condemned more than 12,000 civilians to death and sent thousands more to concentration camps. Yet in spite of its blatantly political character, the People's Court was never indicted, either at Nuremberg or in subsequent trials.
Book Synopsis Crime and Criminal Justice in Modern Germany by : Richard F. Wetzell
Download or read book Crime and Criminal Justice in Modern Germany written by Richard F. Wetzell and published by Berghahn Books. This book was released on 2014-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.
Book Synopsis Hitler's American Model by : James Q. Whitman
Download or read book Hitler's American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.
Book Synopsis Law. Crime. Consequences by : Jens-Christian Wagner
Download or read book Law. Crime. Consequences written by Jens-Christian Wagner and published by . This book was released on 2021-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rule of Law Under Siege by : William E. Scheuerman
Download or read book The Rule of Law Under Siege written by William E. Scheuerman and published by Univ of California Press. This book was released on 2023-12-22 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.
