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Whilst an increasing amount of attention is being paid to law's connection or involvement with National Socialism, less attention is focused upon thinking through the links between law and the emergence of antisemitism. As a consequence, antisemitism is presented as a pre-existent given, as something that is the object, rather than the subject of study. In this way, the question of law's connection to antisemitism is presented as one of external application. In this ironic mimesis of the positivist tradition, the question of a potentially more intimate or dialectical connection between law and antisemitism is avoided. This work differs from these accounts by explaining the relationship between law and antisemitism through a discussion of these issues by critical thinkers from the mid-nineteenth century to the present; that is, from Marx to Agamben through Nietzsche, Sartre, Adorno and Horkheimer, Arendt and Lyotard. Despite the variety that exists between each thinker, one particular common critical theme unites them. That theme is the connections they make, in diverse ways, between legal rights as an expression of modern political emancipation and the emergence and development of the social phenomenon of antisemitism.
First Published in 1998. Weisberg provides a comprehensive account of the French legal system's complicity with its German occupiers during the dark period known as 'Vichy'. Drawing on archival sources, personal interviews, and historical research, this book reveals how legalized persecution operated on a practical level, often exceeding German expectations. All while comparing the Vichy experience to American legal precedents and practices, opening the possibility that postmodern modes of thinking ironically adopt the complexity of Vichy reasoning to a host of reading and thinking strategies.
The denial of the Holocaust has no more credibility than the assertion that the earth is flat. Yet there are those who insist that the death of six million Jews in Nazi concentration camps is nothing but a hoax perpetrated by a powerful Zionist conspiracy. Sixty years ago, such notions were the province of pseudohistorians who argued that Hitler never meant to kill the Jews, and that only a few hundred thousand died in the camps from disease; they also argued that the Allied bombings of Dresden and other cities were worse than any Nazi offense, and that the Germans were the “true victims” of World War II. For years, those who made such claims were dismissed as harmless cranks operating on the lunatic fringe. But as time goes on, they have begun to gain a hearing in respectable arenas, and now, in the first full-scale history of Holocaust denial, Deborah Lipstadt shows how—despite tens of thousands of living witnesses and vast amounts of documentary evidence—this irrational idea not only has continued to gain adherents but has become an international movement, with organized chapters, “independent” research centers, and official publications that promote a “revisionist” view of recent history. Lipstadt shows how Holocaust denial thrives in the current atmosphere of value-relativism, and argues that this chilling attack on the factual record not only threatens Jews but undermines the very tenets of objective scholarship that support our faith in historical knowledge. Thus the movement has an unsuspected power to dramatically alter the way that truth and meaning are transmitted from one generation to another.
"The Protocols of the Elders of Zion" is almost certainly fiction, but its impact was not. Originating in Russia, it landed in the English-speaking world where it caused great consternation. Much is made of German anti-semitism, but there was fertile soil for "The Protocols" across Europe and even in America, thanks to Henry Ford and others.
Using the work of a range of key thinkers, including Marx, Agamben, Nietzsche, Sartre, Adorno and Horkheimer, Arendt and Lyotard, this book examines the connections between legal rights as an expression of modern political emancipation and the emergence and development of the social phenomenon of antisemitism. Addressing, amongst others the topic of the Holocaust and its impact upon critical forms of thought and public life, this volume discusses the relationship between law and antisemitism.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
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.
Lawyers Without Rights: The Fate of Jewish Lawyers in Berlin after 1933 is about the rule of law and how one government - the Third Reich in Germany - systematically undermined fair and just law through humiliation, degradation and legislation leading to expulsion of Jewish lawyers and jurists from the legal profession.