Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Jurisprudence > Law and the Holocaust > Flashcards

Law and the Holocaust Flashcards

1
Q

what were the three core concepts of nazi jurisprudence

A
  • volksgemeinschaft
  • fuhrerprinzip
  • bewegung
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

examples of anti-jewish legislation

A
  • laws regarding admission to the bar 1933
  • laws regarding the overcrowding of german schools 1933
  • the first decree of reich citzenship 1935
  • law for the protection of german blood and honour
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

fuller on difference between english law and nazi law

A

not just that nazi law was immoral - it was enacted differently e.g. retroactively legislation, secret laws etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

documents relating to the trasition from democracy to dictatorship

A
  • reichstag fire decree 1933
  • arrests without warrent or judical review 1933
  • the enabling act 1933
  • law for the imposition of the death penalty 1933
  • law against the formation of new political parties 1933
  • oaths of loyality for state officials 1934
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what was the fuhrerprinzip

A
  • leader principle
  • core concept of NS constitutional law - the leader would articulate the true knowledge and will of the community and bring it to expression through action
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what was the volksgmeinischaft

A
  • the people’s community
  • ‘blood and soil’ - the ties that held the volk together
  • used to assert the legitimacy of the ruling order, discredit fundamental rights and de-legalise the position of the indivdual
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what was the bewegung

A
  • this means movement - the method by which the fuhrer knows and articulates the will of the volk
  • the idea of dynamic movement is a way of justfying his actions - he is not bound by previous decisons and the law can develop in an ad hoc way
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

fraser - examples of continuarity from weimar to nazi regime

A
  • sterlisation
  • policing
  • mass imprisonment of political enemies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

penumbra cases

A
  • Hart: when deciding cases of meaning and penumbra there is an element of considering what the law ought to be - the connection between law and morals (vehicle analogy)
  • Fuller: questions hart’s penumbra and core analysis of judical interepretation - problems of interpretation are not restricted to the meaning of words - statutes can be difficult to interpret - more complex than hart makes out (?)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

David Fraser - was there law?

A

the nazi period was full of law and all attempts to avoid this are dishonest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

rundle - was there law?

A
  • uses fuller’s 8 principles
  • divides the period up and says there was no law after the night of the broken glass - total failure
  • after 1938 - jews had no agency thus no law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

rundle - example of klemperer

A
  • married to an aryan women and escaped perscution many times
  • his diaries show what living under nazi law was like
  • show that the law intially provided security but after 1930 when the SS took over legal matters, laws began to run out
  • rundle says his loss of agency is key
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

hart v fuller debate

A
  • hart - it was law - legal positivism
  • fuller - not law - natural law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

hart and fuller - what was the main argument

A

connection between law and morality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what did hart say about the connection of law and morality?

A

there is no necessary relationship between a legal system and the ideas of justice and morality - the question of what law is separate from the q of what law should be

q of morality is a separate issue that is not relevant here

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

1942 - hitler appointed nazi as reich minister of justice

A

heralded the end of an independant judiciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

1942 guidelines for sentences

A

forced judges to render their verdicts in line with nazi idealogy or face public removal from their office

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

who was a jew?

A

person descended from two jewish grandparents belonging to the jewish religion or married to a jewish person on september 15th 1935 and persons decended from three or four jewish grandparents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

oliver lepsius

A

questions why so many lawyers were prepared to abadon the values of democracy, fundamental rights and the rule of law in favour of a comparitively open and unspecified ideology

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

how did lepsius describe this period?

A

as a time of political and intelletual breakdown - however some may think there was a continuarity in legal thinking from the republic to national socialism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

the development of law in national socialism

A
  • deconstruction: the decline of the republic
  • reconstruction: the build up and process of NS legal principles
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

delegalisation of the republic

A
  • suspension of consitutional principles
  • suspension of social pluralsim
  • suspension of federalism
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

suspension of consitutional principles

A
  • included the suspension of civil rights and a departure from the parliamentary system of government - main stages 1) the reichstag fire decree 2) the enabling act
  • the WC remained in tact but the power and the consitution and the binding nature of the state was removed
  • fundamental rights were deprived and law making was transferred to the executive
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

suspension of social pluralsim

A
  • through the enforced condormity of poltical parties and intemediate associations
  • this was achieved through the restoration of the professional civil service 1933 -and laws against the formation of new political parties
  • one party state suspended the separation of the state and society
25
Q

suspension of federalism

A
  • the nationalist socialist state dissolved the difference with the constitution, with society and the states of germany
  • the pillar principles of the consitution were dissolved
26
Q

perseptions of the decline of the weimar constitution

A
  • the legal development of the 1933-34 was welcomed by lawyers
  • lezsius distinguishes three groups of people: those who welcomed the destruction of the weimar, those that remained silent and those that had to emigrate
27
Q

perseptives of the new construction of national socialist law

A
  • volk and furher principle - some negative readings and some positivist
28
Q

was there a constitutional theory of national socialism

A
  • no distinct theory or body of jurisprudence
  • served a purpose to legitmise nazi aims
  • Lepsius: the nature of ns was law destroying so that means there could not be a consitutional theory
29
Q

ernestt forsthoff: ‘the total state’

A
  • conceived the total state as a dual state of “authoritative order” and “popular order” that would overcome the liberal rule of law of the nineteenth century
  • Authoritarian government requires a transcendental justification
  • Conceived as the ‘rebirth of a politically German people’ = being able to recognise a different species – ‘the enemy’ – when it is not automatically visible through membership in a foreign nation. (eg Jew)
30
Q

what did carl schmitt say about judges independence

A

‘the independence of judges rests on their tie with the law and the law of the state. without this connection their independence would amount to arbitary power’

31
Q

what did judges retain

A

retain their professional and social homogenity and the appearance of independence

32
Q

radbruch - statutory lawlessness

A

developed a test for the validity of law - certainty, equality and justice. if law deliberately disvowed justice, it is no longer valid law

33
Q

the grudge informer - hart

A
  • hart: thought the statues were legal and therefore she should be punished with a retrospective act
  • instead of ‘aserting that certain rules cannot be law because of their moral inquity’ we should suggest that ‘that law may be laws but too evil to obey’
34
Q

the grudge imformer - fuller

A
  • argues that if the statues were considered to be legal then people would be guiltless
  • remarks were private - nothing in the statue to suggest that private remarks were illegal
  • he criticises hart from running away from the problem
  • thinks hart’s solution is more complex instead of saying that this is not law the courts say - this is law but so evil that we will refuse to apply it’
35
Q

what did the nazi based their attack on the european jewry on?

A

racist beliefs - that they are superior people and on anti-semetic ideology

36
Q

what tradition did the judges come from?

A

long standing authoritarian conservative and nationalist tradition

37
Q

what did hitler promise to do to the judges?

A

promised to restore the judge’s authority and shield them from criticism

38
Q

reichstag fire decree 1933

A

after the fire the decree suspended important provisions of the German consitution. it permitted the resitriction of the right to assembly, freedom of speech and press and removed all restrains on police investigations

39
Q

arrests without warrent or judicial review 1933

A

gave the police broad powers independent of judicial review to search arrest and incarcerate real or percieved state enemies. the court approved of the nazi leadships dcisive action against left-wing radicals

40
Q

the enabling act 1933

A
  • allowed hitler to enact laws that violated the weimar consitution without the approach or the parliament or reich president
  • based with 2/3 majority
  • supreme court did not challenge the legitimacy of this measure
41
Q

law for the imposition of the death penatly 1933

A
  • the sentence for high treason was changed by the death penalty
  • retroactive
42
Q

law against the formation of new political parties 1933

A

all other political entities were dissolved - germany became a one party state

43
Q

oaths of loyality for all state officials 1934

A
  • following the death of hindenburh, hitler assumed power as reich chancellor and fuhrer
  • officials no longer swore loyality to the german consitution
44
Q

what was the plan to segregate jews?

A

25 point plan to segregae jews from the aryan race - more that 400 decrees to restrict their private and public life

45
Q

restoration of the professional civil service act 1933

A

first major step that execulted jews from civil service - and in schools, and medical and legal profession

46
Q

nuremburg race laws 1935

A

formed the cornerstone of nazi racial policy - prohibited jews from marrying or having sexual relations with anyone of german blood - identified jews as a race

47
Q

Carl Schmitt

A

The new laws of the new Reichstag (behind the Fuhrer) ‘embody the first German constitution of freedom in centuries.’

48
Q

the supreme court on the anti jewish laws

A
  • the supreme court 1936 accepted this laws conferring legitimacy on racial discrimination
  • applied a broad interpretation of the laws eg interpretating sexual relations to include sexual relations of anyone with german blood - major shifts in view of jews as members of race rather than religion
49
Q

the night of the broken glass 1938

A
  • co-ordinated attack on jews
  • following this jews were banned from public places (cinemas, schools etc) and forbidden to enter designated ‘ayran’ zones
50
Q

decree against public enemies 1939

A

allowed judges to impose death penalty more freely

51
Q

1942: first letter to all judges

A
  • Secret: because ‘The people want an independent judge. The administration of justice and the State would lose all legitimacy if the people believed judges had to decide in a particular way’.
  • ‘Every punishment is fundamentally more important in war than in peace’
52
Q

did hitler acsend to power legally?

A

yes there was full legality

53
Q

1932 elections

A
  • nazis became the largest party with 37% of the vote
  • however president and wider government wanted nazi participation to be limited and tamed
54
Q

1933 elections

A
  • after hitler was appointed chancellor
  • nazis gained 44% of the vote and sought support from their allies
  • the catholic centre party joined him and passed the enabling act
55
Q

what role did hitler get in 1934

A

hindenburg died so hitler combinded the roles of chancellor and president to become the fuhrer

56
Q

the night of the long knives 1934

A

units of the SS arrested and killed the leaders of the SA and other poltical opponents who were percived as a threat to hitlers power - major milestone from continiarity to radicalisation

57
Q

the hitler myth

A

he was seen as successful and desirable leader - the method by which the killings of 1934 had been legalised shows how normative law could be undermined and disintergrated

58
Q

Nicolai NS party lawyer quote

A

’ the ultimate and supreme source of law is the national socialist idea of law, wich finds its expression in the legal sense of the volk’

Jurisprudence (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions