Justifying Injustice: Legal Theory in Nazi Germany

ISBN-13: 9781316612163 / Angielski / Miękka / 2022 / 281 str.

Herlinde Pauer-Studer

Opis

Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.

Recenzje

'At long last, we have a reliable primer on Nazi law. Justifying Injustice provides a terrific introduction to the theory and history of authoritarian legalism in a much-misunderstood case. To say that the law of the 'Third Reich' was morally odious, insists Pauer-Studer, is not enough. Far more important is reconstructing the socio-legal context in which the norms and institutions of Nazi law were invented, weaponized, and wielded. With tact and care, Pauer-Studer offer just such a reconstruction. She faults legal positivists and natural lawyers for their shared inability to come to terms with the really existing practices of Nazi legality. Although written from the perspective of legal theory, Justifying Injustice allows us to see the violence of law at the point of its application, thereby illuminating brightly the legal origins of Nazi dictatorship.' Jens Meierhenrich, Director of the Centre of International Studies at the London School of Economics and Political Science

Spis treści

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.