National Socialist Criminal Law
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National Socialist Criminal Law
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Author : Kai Ambos
language : en
Publisher: Nomos Verlag
Release Date : 2019-09-27
National Socialist Criminal Law written by Kai Ambos and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-27 with Law categories.
Diese innovative Studie versteht das nationalsozialistische Strafrecht – in Übereinstimmung mit Kontinuitäts- und Radikalisierungsthese – als rassistisch (antisemitisch), völkisch ("germanisch") und totalitär ausgerichtete Fortschreibung der autoritären und antiliberalen Tendenzen des deutschen Strafrechts der Jahrhundertwende und der Weimarer Republik. Dies wird durch die systematisch-analytische Aufbereitung der Texte relevanter Autoren belegt, wobei es primär um die – für sich selbst sprechenden – Texte, nicht die moralische Beurteilung ihrer Verfasser geht. Dabei werden auch Erkenntnisse zur Rezeption des deutschen (NS-) Strafrechts in Lateinamerika mitgeteilt. Die besagte Kontinuität existierte nicht nur rückwärtsgewandt (post-Weimar), sondern auch zukunftsgerichtet (Bonner Republik). Kurzum, das NS-Strafrecht kam weder aus dem Nichts noch ist es nach 1945 völlig verschwunden. Der zeitgenössische Versuch der identitären Rekonstruktion des germanischen Mythos durch die sog. "neue Rechte" schließt daran nahtlos an.
Nationalist Socialist Criminal Law
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Author : Kai Ambos
language : en
Publisher: Nomos/Hart
Release Date : 2019-12-26
Nationalist Socialist Criminal Law written by Kai Ambos and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-26 with Law categories.
Preface by R.A. Duff In line with theories of National Socialism as a continuation and radicalization of existing trends, this innovative study interprets Nazi criminal law as a racist (anti-Semitic), nationalist (“Germanic”), and totalitarian construct that continues and develops further the authoritarian and anti-liberal tendencies of German criminal law of the fin-de-siècle and the Weimar Republic. This is borne out by a systematic analysis of writings by relevant authors that focuses first and foremost on the texts, which speak for themselves, and is less concerned with morally judging the scholars who produced them. Furthermore, the study shares novel insights on the reception of German (National Socialist) criminal law in Latin America. The aforementioned continuity existed not only between the Nazi period and the eras preceding it, but also between National Socialism and the period that followed (the Bonn Republic). In short, National Socialist criminal law neither came out of nowhere nor disappeared completely after 1945. Current identitarian attempts by the so-called Neue Rechte (“New Right”) to reconstruct the Germanic myth represent yet another continuation that links seamlessly to National Socialist ideology.
Ideology And Criminal Law
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Author : Stephen Skinner (Law teacher)
language : en
Publisher:
Release Date : 2019
Ideology And Criminal Law written by Stephen Skinner (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Authoritarianism categories.
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers - especially the power to punish and to determine the boundaries of permissible conduct through criminal law - it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Justifying Injustice
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Author : Herlinde Pauer-Studer
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24
Justifying Injustice written by Herlinde Pauer-Studer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with History categories.
Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Hitler S Justice
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Author : Ingo Müller
language : en
Publisher:
Release Date : 1991
Hitler S Justice written by Ingo Müller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with History categories.
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?
The Law Under The Swastika
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Author : Michael Stolleis
language : en
Publisher: University of Chicago Press
Release Date : 1998-02-28
The Law Under The Swastika written by Michael Stolleis and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-02-28 with History categories.
Michael Stolleis is part of a younger generation and is determined to honestly confront the past in hopes of preventing the same injustices from happening in the future.
Judges Against Justice
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Author : Hans Petter Graver
language : en
Publisher: Springer
Release Date : 2014-09-11
Judges Against Justice written by Hans Petter Graver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
In The Name Of The Volk
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Author : Hannsjoachim Wolfgang Koch
language : en
Publisher:
Release Date : 1989
In The Name Of The Volk written by Hannsjoachim Wolfgang Koch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Courts categories.
In 1934 the Nazis set up a special court to deal with treason against the German state. Between 1934 and 1945 this court - the Volksgerichtshof or People's Court - condemned more than 12,000 civilians to death and sent thousands more to concentration camps. Yet in spite of its blatantly political character, the People's Court was never indicted, either at Nuremberg or in subsequent trials.
Political Justice
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Author : Otto Kirchheimer
language : en
Publisher: Princeton University Press
Release Date : 2015-12-08
Political Justice written by Otto Kirchheimer and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-08 with Political Science categories.
How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology. Originally published in 1961. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Darker Legacies Of Law In Europe
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Author : Christian Joerges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-05-22
Darker Legacies Of Law In Europe written by Christian Joerges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-22 with Law categories.
The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewältigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.