Penn State International Law Review Volume 16 Article 4 Number 2 Dickinson Journal of International Law 1-1-1998 The rP osecution of Josef Altstoetter et al.: Law, Lawyers and Justice in the Third Reich Follow this and additional works at: http://elibrary.law.psu.edu/psilr Part of the Comparative and Foreign Law Commons, Criminal Law Commons, and the International Law Commons Recommended Citation (1998) "The rP osecution of Josef Altstoetter et al.: Law, Lawyers and Justice in the Third Reich," Penn State International Law Review: Vol. 16: No. 2, Article 4. Available at: http://elibrary.law.psu.edu/psilr/vol16/iss2/4 This Article is brought to you for free and open access by Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized administrator of Penn State Law eLibrary. For more information, please contact
[email protected]. The Prosecution of Josef Altstoetter et al.: Law, Lawyers and Justice in the Third Reich Matthew Lippman* The vast literature on the Holocaust curiously contains few discussions of the role of German lawyers, judges and legal officials.' These largely cursory comments typically minimize the involvement of jurists in Nazi atrocities.2 However, the fact is that the German legal profession and judiciary played a prominent role in the excesses of the Third Reich. For instance, an estimated 32,600 persons were sentenced to death during the twelve years of Hitler's regime.3 The tendency among German jurists following World War II was to attribute the excesses of the Nazi legal system to an exaggerated embrace of legal positivism.4 Lawyers reacted by turning to natural law.