Jewish Lawyers in Germany Under the Third Reich
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Document and Analyse: the Legacy of Klemperer, Fraenkel and Neumann for Contemporary Human Rights Engagement Luz Oette, School O
This is the version of the article accepted for publication in Human Rights Quarterly published by John Hopkins University Press: https://www.press.jhu.edu/journals/human_rights_quarterly/index.html Accepted version downloaded from SOAS Research Online: http://eprints.soas.ac.uk/23313/ Document and analyse: The legacy of Klemperer, Fraenkel and Neumann for contemporary human rights engagement Luz Oette, School of Law, SOAS University of London Human rights discourse has been criticised for being legalistic, decontextualised and failing to focus on factors explaining violations. Victor Klemperer‟s diaries chronicled the life and suffering of a German Jew in Nazi Germany and the manipulation of language by a totalitarian regime. Ernst Fraenkel‟s Dual State and Franz Neumann‟s Behemoth set out theories offering profound insights into the legal and political nature of the Nazi system. Revisiting their work from a human rights perspective is richly rewarding, providing examples of engaged scholarship that combined documentation and critical analysis. Their writings hold important lessons for contemporary human rights engagement and its critics. I. Introduction The human rights movement and language of human rights has been the subject of sustained criticism. Besides its supposed Western liberal bias, critics have focused particularly on human rights as a mode of political engagement. Human rights discourse is seen as legalistic and decontextualised. Richard Wilson argued in 1997 that human rights reports “can depoliticise human rights violations -
Discrimination and Law in Nazi Germany
Cohen Center for Holocaust and Genocide Studies Name:_______________________________ at Keene State College __________________________________________________________________________________________________ “To Remember…and to Teach.” www.keene.edu/cchgs Student Outline: Destroying Democracy From Within (1933-1938) 1. In the November 1932 elections the Nazis received _______ (%) of the vote. 2. Hitler was named Chancellor of a right-wing coalition government on _________________ _____, __________. 3. Hitler’s greatest fear is that he could be dismissed by President ____________________________. 4. Hitler’s greatest unifier of the many conservatives was fear of the _____________. 5. The Reichstag Fire Decree of February 1933 allowed Hitler to use article _______ to suspend the Reichstag and suspend ________________ ____________ for all Germans. 6. In March 5, 1933 election, the Nazi Party had _________ % of the vote. 7. Concentration camps (KL) emerged from below as camps for “__________________ ________________” prisoners. 8. On March 24, 1933, the _______________ Act gave Hitler power to rule as dictator during the declared “state of emergency.” It was the __________________ Center Party that swayed the vote in Hitler’s favor. 9. Franz Schlegelberger became the State Secretary in the German Ministry of ___________________. He believed that the courts role was to maintain ________________ __________________. He based his rulings on the principle of the ____________________ ___________________ order. He endorsed the Enabling Act because the government, in his view, could act with _______________, ________________, and _____________________. 10. One week after the failed April 1, 1933 Boycott, the Nazis passed the “Law for the Restoration of the Professional _________________ ______________________. The April 11 supplement attempted to legally define “non-Aryan” as someone with a non-Aryan ____________________ or ________________________. -
Hitler's American Model
Hitler’s American Model The United States and the Making of Nazi Race Law James Q. Whitman Princeton University Press Princeton and Oxford 1 Introduction This jurisprudence would suit us perfectly, with a single exception. Over there they have in mind, practically speaking, only coloreds and half-coloreds, which includes mestizos and mulattoes; but the Jews, who are also of interest to us, are not reckoned among the coloreds. —Roland Freisler, June 5, 1934 On June 5, 1934, about a year and a half after Adolf Hitler became Chancellor of the Reich, the leading lawyers of Nazi Germany gathered at a meeting to plan what would become the Nuremberg Laws, the notorious anti-Jewish legislation of the Nazi race regime. The meeting was chaired by Franz Gürtner, the Reich Minister of Justice, and attended by officials who in the coming years would play central roles in the persecution of Germany’s Jews. Among those present was Bernhard Lösener, one of the principal draftsmen of the Nuremberg Laws; and the terrifying Roland Freisler, later President of the Nazi People’s Court and a man whose name has endured as a byword for twentieth-century judicial savagery. The meeting was an important one, and a stenographer was present to record a verbatim transcript, to be preserved by the ever-diligent Nazi bureaucracy as a record of a crucial moment in the creation of the new race regime. That transcript reveals the startling fact that is my point of departure in this study: the meeting involved detailed and lengthy discussions of the law of the United States. -
Friedrich Berber and the Politics of International Law in Germany and India, 1920S-1960S
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sussex Research Online K. Rietzler Journal of Global History, 11.1 (2016) Counter-Imperial Orientalism: Friedrich Berber and the Politics of International Law in Germany and India, 1920s-1960s Katharina Rietzler1 This is the peer reviewed, accepted manuscript of an article which will be published in final form in the Journal of Global History, Vol. 11.1 (March 2016), doi:10.1017/S1740022815000303 Abstract: The most trenchant critiques of Western international law are framed around the legacy of its historic complicity in the imperial project of governing non-European peoples. International law organised Europe and its ‘others’ into a hierarchy of civilizational difference that was only ever reconfigured but never overturned. But when analysing the complex relationship between international law and imperialism the differences within Europe—as opposed to a dyadic opposition of Europe versus the ‘rest'—also matter. Within the historical and political constellations of the early and mid-twentieth century, German difference produced a set of arguments that challenged dominant discourses of international law by posturing as anti- imperial critique. This article focuses on the global career of Friedrich Berber (1898-1984) who, as a legal adviser in Nazi Germany and Nehru’s India, was at the forefront of state-led challenges to liberal international law. Berber fused notions of German civilizational superiority with an appropriation of Indian colonial victimhood, and pursued a shared politics of opposition. He embodies a version of German-Indian entanglement which did not abate after the Second World War, emphasizing the long continuities of empire, power differentials, civilizational hierarchies and developmental logics under the umbrella of international law. -
Hans Kelsen's Contributions to the Changing Notion of International Criminal Responsibility
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 5-2019 Between Politics and Morality: Hans Kelsen's Contributions to the Changing Notion of International Criminal Responsibility Jason Kropsky The Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/3249 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] BETWEEN POLITICS AND MORALITY: HANS KELSEN’S CONTRIBUTIONS TO THE CHANGING NOTION OF INTERNATIONAL CRIMINAL RESPONSIBILITY by JASON REUVEN KROPSKY A dissertation submitted to the Graduate Faculty in Political Science in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2019 © 2019 JASON REUVEN KROPSKY All Rights Reserved ii Between Politics and Morality: Hans Kelsen’s Contributions to the Changing Notion of International Criminal Responsibility by Jason Reuven Kropsky This manuscript has been read and accepted for the Graduate Faculty in Political Science in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date John Wallach Chair of Examining Committee Date Alyson Cole Executive Officer Supervisory Committee: John Wallach Bruce Cronin Peter Romaniuk THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT Between Politics and Morality: Hans Kelsen’s Contributions to the Changing Notion of International Criminal Responsibility by Jason Reuven Kropsky Advisor: John Wallach The pure theory of law analyzes the legal normative basis of jurisprudence. -
Alcohol and Alcohol Safetyi a Curriculummanqal for Senior High Level
pocoiENT -RESUME CG,011 580' ED.1.41 733 - AUTHOR Finn, Peter; Platt,,Judith-' , TITLE .Alcohol and Alcohol Safetyi A CurriculumManqal for Senior High Level. Volume II,A Teacher's Acfi..yities .. / . Guide. INSTITUTION Abt AsSociates, Inc.Cambiidge, Mass. SPO_RS AGENCY National Highway Traffic SafetyAdministration (Dq!, :Washington, D. C.; National Inst. onAlcohol'Abuse and Alcoholism (DHEW/PHS), Rockville, Md. - REPORT NO DOT-HS-800-70E 'PUB DATE Sep 72 . CONTRACT HSM-42-71-77 --- NOTE 500p.; For .Volume I, see ED672 383 AVAILABLE FROM Superintendent of,Documents, U.S. Government Printing Office, Washingto.C.. 20402 , EDRS PRICE ". MF-7$1-.00 HC-$26.11 Plus Postage. DESCRIPTORS *Alcohol Education; Alcoholism; *Drinking; Instructional Materials;-Interpersonal Competence; , , Laws; Lesson Tlans;.SecondaryEducation; *Senior High Schools; *Social *Attitudes.; *Social Behavior; Teaching Guides. a ABSTRACT ma3/41ual 'on Alcohol, and Alcohol Saf'ety . This curriculum is designed, .as ateacher's guidefor seniot high, level students. The topics it covers are,:(1) safety;.(2) attitudes towardalcohol'gnd reasons people drink.; (3) physical and behavioral effects.; (4) ' alcohol industty;(5) interpersonalsituations;(6) laws and customs;.. and (7),problem drinking andalcoholism. Each topic is divided into a number of activities. Each activityis,a self-contained learning -experience which requires varying numbersof class periods, and: focuses On one or More objectives.The particulaf skills developed by'' the &ctivity, as well as methods forevaluating it, are provided. ' ACtivities are also organized by teaChingmethod: art, audiovisual, debates., discussion, drama, independentstudy, 4ctures, 'reading, science"and, writing. (BP) . * * Documents 'acquired byERIC.incrude many informal unpublished * materials not available, fromother sources. ERIC makes'everY effort * * to obtain the best copyavailable. -
The Promise of Constitutional Democracy
7 The Promise of Constitutional Democracy On November 6, 1985, leftist guerrillas from the Colombian 19th of April Movement overran the Colombian Supreme Court building, taking the justices of the court as hostages. In the ensuing shoot-out with the military, twelve of the judges were killed, along with more than 100 other civilians. The shootings at the court were but the most visible signpost that the country’s background of war and strife could overwhelm even the central institutions of state in Bogotá, the capital. Colombia was, for much of the last half of the twentieth century, a state struggling for control of its territory against powerful private militias, and the resulting loss of state authority left open the terrain for one of the highest murder rates in the world, pervasive extreme poverty, and a stubbornly fl ourishing drug trade. 1 After a civil war that left more than 200,000 people dead during the Gran Violencia of the 1950s, and then the militant uprisings and drug wars of the following decades during which even more suc- cumbed to violence, any prospect of peace and stability seemed nonexistent. 2 Yet in 1991, in the face of overwhelming odds, a democratically elected constituent assembly promulgated a new constitution that served as part of the “profound constitutional moment throughout the Americas.” 3 The fall of mil- itary dictatorships across much of South America, most notably in Argentina, Brazil, Chile, and Uruguay, unleashed a democratic revival in the region and a new commitment to limitations on the powers of government. In many ways, the democratic surge in South America paralleled the broader democratic 1 See Manuel José Cepeda-Espinosa , Judicial Activism in a Violent Context: The Origin, Role, and Impact of the Colombian Constitutional Court , 3 Wash. -
The Croatian Ustasha Regime and Its Policies Towards
THE IDEOLOGY OF NATION AND RACE: THE CROATIAN USTASHA REGIME AND ITS POLICIES TOWARD MINORITIES IN THE INDEPENDENT STATE OF CROATIA, 1941-1945. NEVENKO BARTULIN A thesis submitted in fulfilment Of the requirements for the degree of Doctor of Philosophy University of New South Wales November 2006 1 2 3 Acknowledgements I would like to thank my supervisor Dr. Nicholas Doumanis, lecturer in the School of History at the University of New South Wales (UNSW), Sydney, Australia, for the valuable guidance, advice and suggestions that he has provided me in the course of the writing of this thesis. Thanks also go to his colleague, and my co-supervisor, Günther Minnerup, as well as to Dr. Milan Vojkovi, who also read this thesis. I further owe a great deal of gratitude to the rest of the academic and administrative staff of the School of History at UNSW, and especially to my fellow research students, in particular, Matthew Fitzpatrick, Susie Protschky and Sally Cove, for all their help, support and companionship. Thanks are also due to the staff of the Department of History at the University of Zagreb (Sveuilište u Zagrebu), particularly prof. dr. sc. Ivo Goldstein, and to the staff of the Croatian State Archive (Hrvatski državni arhiv) and the National and University Library (Nacionalna i sveuilišna knjižnica) in Zagreb, for the assistance they provided me during my research trip to Croatia in 2004. I must also thank the University of Zagreb’s Office for International Relations (Ured za meunarodnu suradnju) for the accommodation made available to me during my research trip. -
Hitler's Jewish Soldiers
Hitler's Jewish Soldiers Wehrmacht Private Werner Goldberg2 "The Ideal German Soldier" By Jerry Klinger "The Ideal German Soldier" "In hardly any people in the world is the instinct of self-preservation developed more strongly than in the so called "chosen."…What people, finally, has gone through greater upheavals than this one – and nevertheless issued from the mightiest catastrophes of mankind unchanged? What an infinitely tough will to live and preserve the species from these facts." Adolf Hitler3 – Mein Kampf4 In 1940, Unteroffizier Dieter Bergmann wrote to his Jewish grandmother, Elly Landesberg nee Moackrauer: "Don’t you realize how much I’m with my whole being rooted in Germany. My life would be very sad without my homeland, without the wonderful German art, without the belief in Germany’s powerful past and the powerful future that awaits Germany. Do you think that I can tear that all out of my heart?...Don’t I also have an obligation to my parents, to my brother who showed his love to our Fatherland by dying a hero’s death on the battlefield….Someday, I want to be a German amongst Germans and no longer a second-class citizen only because my wonderful mother is Jewish."5 "Under traditional Jewish law, a child born to a Jewish mother, no matter whom the father may have been, is Jewish…. I am confused…. Who is a Jew? What is a Jew? When are you a Jew? What if you do not want to be a Jew? Can we choose?" William Rabinowitz "The Nuremberg Laws or Nurnberg Laws (German: Nürnberger Gesetze) of 1935 were anti- Semitic laws in Nazi Germany introduced at the annual Nuremberg Rally of the Nazi Party. -
Patterns of Cooperation, Collaboration and Betrayal: Jews, Germans and Poles in Occupied Poland During World War II1
July 2008 Patterns of Cooperation, Collaboration and Betrayal: Jews, Germans and Poles in Occupied Poland during World War II1 Mark Paul Collaboration with the Germans in occupied Poland is a topic that has not been adequately explored by historians.2 Holocaust literature has dwelled almost exclusively on the conduct of Poles toward Jews and has often arrived at sweeping and unjustified conclusions. At the same time, with a few notable exceptions such as Isaiah Trunk3 and Raul Hilberg,4 whose findings confirmed what Hannah Arendt had written about 1 This is a much expanded work in progress which builds on a brief overview that appeared in the collective work The Story of Two Shtetls, Brańsk and Ejszyszki: An Overview of Polish-Jewish Relations in Northeastern Poland during World War II (Toronto and Chicago: The Polish Educational Foundation in North America, 1998), Part Two, 231–40. The examples cited are far from exhaustive and represent only a selection of documentary sources in the author’s possession. 2 Tadeusz Piotrowski has done some pioneering work in this area in his Poland’s Holocaust: Ethnic Strife, Collaboration with Occupying Forces, and Genocide in the Second Republic, 1918–1947 (Jefferson, North Carolina: McFarland, 1998). Chapters 3 and 4 of this important study deal with Jewish and Polish collaboration respectively. Piotrowski’s methodology, which looks at the behaviour of the various nationalities inhabiting interwar Poland, rather than focusing on just one of them of the isolation, provides context that is sorely lacking in other works. For an earlier treatment see Richard C. Lukas, The Forgotten Holocaust: The Poles under German Occupation, 1939–1944 (Lexington: The University Press of Kentucky, 1986), chapter 4. -
Legal and Institutional Aspects of Fisheries Management And
Indian Ocean Programme IOP/TFJCH/79/30 Teohnioal Report No. 30 (re~trioted) LEGAL AND INST!f.rtJTIONAL ASPFJCTS OF F'ISHERIES MANAGEMENT AND DEVELOPMENT IN 'I'ffE EXCWSIVE FJCONOMIC ZONE OF THE RTfillUBLIC OF SEYCHELLJl-:S by Michel Savini with the assistance of Barry Hart Dubner Conaultants to the Indian Ooean Programme Under the Direction of the FAO Legislation Branch FOOD AND AGRICULTURE ORGANIZATION OF THE UNI'l'.liID NATIONS UNITJ!ID NATIONS DEVELOPMENT PROGRAMME Rome, 1979 ii employed and the preBenh:Hon of ·bhiu publication do not imply the erp1'e1uiion of rmy opinion wahower on the plil:rt of ·the Food and 11,gt'ioulture Org&U.Htion of the Uni't;ml Me/Gioi::m 01:m.00rning th@ legal ErtatWJ of rmy uouil'h'y u 'H.1r1'i ·t ory 1 oi ty or area or of it Iii ~•u'Ghori ti4'.HJ 1 or o@n00l':ning the dslimi tat ion of H&i f:t'otrtiei's ©1' b•'ru!lda:daB. Savini, M. & BoHo Dubner ( 1979) .'l'u()h0He1~~.I.122:~5~:1l .. oc~n_E!.'~arllll'1e, (3): 94 P• L8gl1i.and.. irwtitutional aspecj;s of fisheries awl developm~nt in 'Ghe lllxolusive ~"oonowic: zonc3 of ·tho('J Rapublio of Seyohelle<1 Irrte:f·national agreements. Fishery "t'(e u;u1 nt ions" Fishery· management. Fishery development. Fishery· organizationse St'lyclrnlles 111 11'~ oop·,r,;•igrrt i10. 'Ghis book ilB veia·ted in thei Food and Agricmltu.re Organization of the Uni'la:nl Natio111t1. '.l'he book no·\ l)s reproduoed9 in ~In.oh or in pe~rl 1 by rmy method or wi'tlrntrt written from the oopy:t'ight hold.er. -
Moving Forward
Moving Forward FY2012 ANNUAL REPORT The Trevor Project is the leading national organization providing crisis intervention and suicide prevention services to lesbian, gay, bisexual, transgender and questioning young people under 24. Every day, The Trevor Project saves young lives through its free and confidential lifeline and instant messaging services, in-school workshops, educational materials, online resources and advocacy. TABLE OF CONTENTS 3 Executive and Board Message 4 Trevor Timeline: Fiscal Year 2012 5 Spotlights 9 Program Introduction Message 10 Trevor’s Programs 14 Donor Report 18 Trevor Board of Directors and Staff 19 Financial Report EXECUTIVE AND 2/3 | Annual Report FY2012 | MOVING FORWARD BOARD MESSAGE Dea r Friends, Thanks to your unwavering support over this past year, The Trevor Project has moved forward and served more lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth than ever before while adding valuable staff members, embracing new executive and Board leadership, and extending Trevor’s reach to new cities nationwide. This year has been full of change, growth, and progress. Our call reports, chat logs, and digital services make it very clear that The Trevor Project is still urgently needed. We saw one of the largest membership increases on TrevorSpace since the program’s inception in 2008 and we watched the number of calls to the Trevor Lifeline surpass 35,000 – nearly 4,000 more than last year. We also expanded the first nationally available chat service specifically for LGBTQ youth in need of support. While we sincerely wish that the need for Trevor’s services would diminish, we are truly grateful to be present to fulfill the needs of young LGBTQ people in crisis.