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The diaries of Willy Cohn chronicle the progressive constriction and eventual destruction of Jewish life in Breslau, Germany, under the Nazis.
Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
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.
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?
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.
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.
With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.
Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.
Winner of the Wolfson History Prize 2019 Shortlisted for the 2019 Cundill History Prize From the Holocaust Museum in Washington, D.C. to the "stumbling stones" embedded in Berlin sidewalks, memorials to victims of Nazi violence have proliferated across the globe. More than a million visitors as many as killed there during its operation now visit Auschwitz each year. There is no shortage of commemoration of Nazi crimes. But has there been justice? Reckonings shows persuasively that there has not. The name "Auschwitz," for example, is often evoked to encapsulate the Holocaust. Yet focusing on one concentration camp, however horrific the scale of the crimes committed there, does not capture the myriad ways individuals became tangled up on the side of the perpetrators, or the diversity of experiences among their victims. And it can obscure the continuing legacies of Nazi persecution across generations and across continents. Exploring the lives of individuals across a spectrum of suffering and guilt each one capturing one small part of the greater story Mary Fulbrook's haunting and powerful book uses "reckoning" in the widest possible sense: to reveal the disparity between the extent of inhumanity and later attempts to interpret and rectify wrongs, as the consequences of violent reverberated through time. From the early brutality of political oppression and anti-Semitic policies, through the "euthanasia" program, to the full devastation of the ghettos and death camps, then moving across the post-war decades of selective confrontation with perpetrators and ever-expanding recognition of victims, Reckonings exposes the disjuncture between official myths about "dealing with the past" and the fact that the vast majority of Nazi perpetrators were never held accountable. In the successor states to the Third Reich East Germany, West Germany, and Austria prosecution varied widely and selective justice was combined with the reintegration of former Nazis. Meanwhile, those who had lived through this period, as well as their children, the "second generation," continued to face the legacies of Nazism in the private sphere - in ways often at odds with those of public remembrance and memorials. By following the various phases of trials and testimonies, from those immediately after the war through succeeding decades and up to the present, Reckonings illuminates the shifting accounts by which both perpetrators and survivors have assessed the significance of this past for subsequent generations, and calibrates anew the scales of justice.
This book is an account of the sudden death of Socialist law in East Germany and of the reactions, hopes and fears of some of its survivors. Imagine what happens when overnight a legal system is replaced by its ideological opposite? When people used to being coddled and disciplined by their law have to adjust to a State which expects them to look out for themselves? When men and women trained to serve and to legitimate their political system have to explain their complicity in its corruption? And when in this process of national soul-searching it is the Western victors alone who may ask all the questions? The remarkable transformation of East German law following the collapse of the communist regime and the dismantlement of the Berlin wall in 1990 is related by an author uniquely qualified to understand what happened during this astonishing period. Inga Markovits was born in Germany but has spent 25 years teaching law at the University of Texas in Austin. It was upon returning to Berlin in November 1989, two weeks after the opening of the Wall, that she realized that someone should try to record the events leading up to and following the death of Socialist law. Thus began this diary. When the Wall collapsed, all questions could be asked, but speed was of the essence. Memories were fresh and eyewitnesses, still reeling from the blows of political change, were eager to talk about the world they so suddenly lost. The spontaneity of the author's encounters with lawyers, judges and law professors is preserved in the pages of this diary and will leave an indelible impression upon readers. No lawyer or lay person interested in the future of Germany, the history of Communism and the study of comparative law can fail to be moved and fascinated by this book.