| 词条 | Law in Nazi Germany |
| 释义 |
From 1933 to 1945, the Nazi regime ruled Germany and dominated large portions of Europe. During this time, Nazi Germany shifted away from its post-World War I society and superimposed its central ideology, “biological racism,"[1] onto Germany's legal and justice systems. This shift from Germany's traditional legal system, the 'Normative State,' to the Nazi's ideological mission, the 'Prerogative State,'[1] enabled the performance of the mass atrocities that are now commonly associated with the Nazi regime. For this to succeed, the formal justice system was significantly dependent on judges, lawyers and other civil servants in order for them to acclimatise themselves to Nazi interference. HistoryAfter World War I, Germany saw the law as a “most respected entity”[2] upon regaining significant stability and confidence from the people. This is often credited to the work of lawyers and judges, most of them Jewish.[2] Hitler was inspired by Mussolini and his march on Rome to gain power in Italy.[2] The attempt began in Bavaria, Munich, on 8–9 November 1923 and is known as the “Beer Hall Putsch”, after being stopped by Bavarian police in Munich with 16 Nazis killed. Hitler's resulting time in prison was where he wrote Mein Kampf.[2] Significant economic issues during this time were also exploited by Hitler[2] increasing his popularity. His actions and aims have since been described as using the “Constitution to destroy the Constitution” and the “rules of the republic to destroy the republic".[2] Nazi influence increased after winning most of the popular vote in the 1932 Reichstag general elections, without obtaining a majority. Eventual pressure saw President Paul von Hindenburg appoint Hitler as Chancellor of Germany on 30 January 1933, referred to as the Machtergreifung (seizure of power).[3]The Reichstag Fire on 27 February, was used as a pretext to suspend the Weimar Constitution and introduce a state of emergency for four years. This was encompassed in the Reichstag Fire Decree, to “safeguard public security",[4] by restricting civil liberties, as well as granting increased discretion to the police. With this legislation, was severe penal actions taken by the SA (Sturmabteilung), resulting in arrests of 4,000 members of the Communist Party of Germany.[5] Legislative power was also given to Hitler, so that his government could create laws without a vote in Parliament.[6] Several principles were also invoked during the State of Emergency, including:
From 1933, The Reich Ministry of the Interior (RMI), was utilised by the Nazi government to continue the rise to power. New civil service legislation was drafted, which enabled removal of non-Aryan persons or those “politically unreliable.[1] Autonomy was essentially removed from the German states through a process of ‘coordination’, known as Gleichschaltung. Nazi ideology was simultaneously implemented through racial and ancestral legislation.[1] 1936 saw Heinrich Himmler, leader of the SS and State Secretary of the RMI, was placed in charge of police. With the growth of Nazi Germany, RMI organised the administration in newly acquired territories to create Nazi legislation. Other key dates include:
Nuremberg TrialsOn the 8th of August 1945, the Charter of International Military Tribunal (IMT) was announced, made up with judges from US, Great Britain, France and Soviet Union. Article 6 of the Charter outlines the crimes leading Nazi officials were trialled for:
Leading Nazi officials were indicted for these crimes on the 6th of October 1945, the 24 officials including Hermann Goring (designated heir of Hitler), Rudolf Hess (Nazi deputy leader), Joachim von Ribbentrop (foreign minister), Wilhelm Keitel (head of armed forces). Verdicts included 12 death sentences, 3 life imprisonments, 4 prison time (10–20 years), 3 acquitted and 10 hanged. Those acquitted were Hjalmar Schacht, economics minister; Franz von Papen, German politician key in Hitler becoming chancellor; Hans Fritzsche, head of press and radio.[9] Nazi LawLaws were constantly introduced and developed in Nazi Germany. Beginning in March 1933, after the Reichstag fire, the Enabling Act amended the Weimar Constitution. This meant Hitler and his government would be able to pass laws, even in violation of the constitution, without going through the president or Reichstag. Intimidation tactics were used by the Nazis to prevent opposition voters from attending, resulting in a vote of 444 to 94.[5] Nuremberg LawsOnce Germany was fully under Hitler's rule, frequency and severity of laws passed increased, in particular with the Nuremberg Laws, as demanded by Hitler. These were announced after the annual Nazi party rally in Nuremberg on the 15th of September 1935. Consisting of three laws, the Nuremberg laws became the authority for which arrests and violence against Jews were legalised. Reich Flag LawThis stated that the national colours of Germany were black, red and white, also affirming the swastika flag as the new national flag. In the words of Hitler, this was created to “repay a debt of gratitude to the movement, under whose symbol Germany regained its freedom, in that they fulfil a significant item on the program of the National Socialist Party.”[10] Citizenship LawThis law specified to whom full political and civil rights would be granted, and those who would accordingly be denied them;Only citizens of the Reich received these rights, who were classified as those with “German or related blood”, therefore excluding Jews. Jewish people were now Staatsangehörige (‘state subjects’),[11] “foreigners in their own country."[10] ‘Law for the Protection of German Blood and Honour’This contained 5 key clauses:
After these laws were passed, a supplemental decree on the 14th of November provided a definition of what a Jew was. This classified anyone who had three or more full Jewish grandparents, two Jewish grandparents married to a Jewish spouse, belonged to the Jewish religion upon publication, or later entered the Jewish religion.[12] Further, those who were three-quarters Jewish, or half Jewish via marrying a Jew or in joining a Jewish community, were also considered Jews.[12]
There were 1,900 such examples of ‘special Jewish law’, both emphasising Aryan morality and older anti-Semitic ideas of “Jewish counter-morality."[1] Jewish lawyers and notaries had already been prohibited from working for the city in a 1933 decree. These years saw Nazi ideology continue to creep into the legal system, some laws and decrees including:
Later Anti-Jewish LawsAcross 1938 and 1939, what has been described as the “fateful turning point,”[13] begun through the passing of additional laws. These saw use of “economic harassment and even violence,[13] to force Jews to flee Germany and Austria. These included:
Nazi Legal SystemThe civil service during this time served as a “legal framework for depriving Jews of their fundamental rights.[1] The opportunity to create Jewish policy became very esteemed, providing platforms into careers for bureaucrats; this high-stake competition resulting in increasingly dramatic pitches. The intelligence and familiarity with the legal system of these individuals, meant that legal structures and systems could be easily manipulated.[1] The courts lost their independence, controlled by Hitler to strengthen and support his rule. Jewish lawyers and judges were all removed from their jobs, as well as any other with socialist or ‘concerning’ views for the Nazi Party. The overarching legal principle in courts became a sort of Nazi ‘common sense’, with the motto “whatever is good for Germany is legal."[15] The People's Court, Volksgerichtshof, was created in 1934, for anyone accused of political crimes. From 1938 onwards, all criminal acts would be prosecuted in this Court, and all minor offences from 1939.[16] President Roland Freisler was appointed in 1942, serving as both judge and interrogator, and became infamous for his “berating and belittling” of defendants and lawyers.[16] Words of statutes were “systematically misinterpreted”, with the Court described as committing “judicial murders."[16] Separation between clients and lawyers was calculated to prevent communication, with defence speeches often cut off.[15] Courts were made up of three judges, with all verdicts final, and the guilty party immediately executed. The attempted coup on the 20th of July 1944, sparked a series of aggressive prosecutions in this court. In just over a year, more than 110 death sentences across 50 trials were handed out.[16] See also
References1. ^1 2 3 4 5 6 7 8 9 {{Cite book|title=Law in Nazi Germany, The : Ideology, Opportunism, and the Perversion of Justice.|last=E.|first=Steinweis, Alan|date=2013|publisher=Berghahn Books|others=Rachlin, Robert D.|isbn=9780857457813|location=New York|oclc=861080571}} 2. ^1 2 3 4 5 {{Cite web|url=https://sydney.kanopy.com/video/nazi-law-legally-blind|title=Nazi Law: Legally Blind|last=|first=|date=|website=|archive-url=|archive-date=|dead-url=|access-date=}} 3. ^{{Cite book|title=The rise and fall of the Third Reich|last=Shirer|first=William L.|isbn=978-0671624200|location=New York|oclc=1286630|year =1960}} 4. ^1 2 {{Cite book|title=Trauma in First Person: Diary Writing during the Holocaust|last=GOLDBERG|first=AMOS|last2=SERMONETA-GERTEL|first2=SHMUEL|last3=GREENBERG|first3=AVNER|date=2017|publisher=Indiana University Press|isbn=9780253029744|doi=10.2307/j.ctt1zxz15p.12}} 5. ^1 {{Cite book|title=The coming of the Third Reich|last=J.|first=Evans, Richard|year=2004|publisher=Penguin Press|isbn=978-1594200045|edition=1st US |location=New York|oclc=53186626}} 6. ^1 {{Cite news|url=https://encyclopedia.ushmm.org/content/en/article/nazi-rule?parent=en/11238|title=Nazi Rule|access-date=2018-10-19|language=en}} 7. ^"Remembering Kristallnacht". The Jerusalem Report. 2008 – via ProQuest. 8. ^{{Cite web|url=https://encyclopedia.ushmm.org/content/en/article/kristallnacht|title=Kristallnacht|last=|first=|date=|website=Holocaust Encyclopedia|archive-url=|archive-date=|dead-url=|access-date=}} 9. ^1 {{Cite news|url=https://encyclopedia.ushmm.org/content/en/article/the-nuremberg-trials|title=The Nuremberg Trials|access-date=2018-10-19|language=en}} 10. ^1 Friedlander, Saul (1997). Nazi Germany and The Jews. HarperCollins. p. 142. {{ISBN|0-06-019042-6}}. 11. ^Bankier, David (1992). The Germans and the Final Solution. pp. 41–42. {{ISBN|0-631-17968-2}}. 12. ^1 Friedlander, Saul (1997). Nazi Germany and the Jews. HarperCollins. p. 149. 13. ^1 Friedlander, Saul (1997). Nazi Germany and The Jews. HarperCollins. p. 180. 14. ^Efron, Weitzman, Lehmann, John, Steven, Matthias (2004). The Jews: A History. Pearson Education inc. pp. 410–411. {{ISBN|0-205-89626-X}}. 15. ^1 {{Cite web|url=https://www.sydneycriminallawyers.com.au/blog/lawyers-and-judges-in-nazi-germany/|title=Lawyers and Judges in Nazi Germany|website=www.sydneycriminallawyers.com.au|language=en-AU|access-date=2018-10-19|date=2016-02-26}} 16. ^1 2 3 {{Cite web|url=https://www.jewishvirtuallibrary.org/the-ldquo-people-rsquo-s-court-rdquo|title=The "People's Court"|website=www.jewishvirtuallibrary.org|language=en|access-date=2018-10-19}} 1 : Law in Nazi Germany |
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