‘No one wants the taint of an association with the crimes of Nazism’^*

* Whitman, Hitler’s American Model, 5.

: (Sometimes) in search of the meaning of Nazi Law

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Notes on contributor

Simon Lavis is a lecturer in law at the Open University. His research specializes in the nexus between law, history and theory in relation to the Third Reich, and his recent work focuses on the representation of Nazi law in Anglo-American legal and historical scholarship. His latest publication is ‘The Distorted Jurisprudential Discourse of Nazi Law: Uncovering the ‘Rupture Thesis’ in the Anglo-American Legal Academy’ International Journal for the Semiotics of Law (2018).

ORCID

Simon Lavis http://orcid.org/0000-0002-2716-2646

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Notes

* Whitman, Hitler’s American Model, 5.

1 Fraser, “Shadow of Law, Shadows of the Shoah,” 404.

2 See Lavis, “The Conundrum of Nazi Law,” 5–8.

3 Steinweis and Rachlin, The Law in Nazi Germany, 1.

4 Decoste, “Hitler’s Conscience.” See also Lavis, “The Distorted Jurisprudential Discourse.”

5 For a discussion of this see Fraser, Law After Auschwitz.

6 Szobar, “Telling Sexual Stories,” 133.

7 Pauer-Studer and Vellemann, “Konrad Morgen.”

8 Vormbaun, A Modern History.

9 Stolleis, History of Social Law.

10 Steinweis and Rachlin, The Law in Nazi Germany, 2.

11 Steber and Gotto, “Volksgemeinchaft,” 17.

12 Wachsmann, Hitler’s Prisons, 379.

13 Ibid., 381.

14 See generally Priemel and Stiller, Reassessing the Nuremberg.

15 Fraser, “(De)Constructing the Nazi State,” 176.

16 Fuller, “Positivism and Fidelity to Law,” 660.

17 This is often quoted from The Justice Case (1951), 985.

18 Szobar, “Telling Sexual Stories,” 135.

19 Stone, Constructing the Holocaust, 241.

20 Compare the approach with Fraser, “Evil Law, Evil Lawyers?”

21 There are too many to mention here but include, as a sample: Ehrenfreund, The Nuremberg Legacy; Landsman, Crimes of the Holocaust; Mettraux, ed, Perspectives on the Nuremberg Trial; Heller, The Nuremberg Military Tribunals; Blumenthal and McCormack, The Legacy of Nuremberg; Hébert, Hitler’s Generals on Trial; Wittmann, Beyond Justice; Pendas, The Frankfurt Auschwitz Trial; Earl, The Nuremberg SS-Einsatzgruppen Trial; Heberer and Matthäus, Atrocities on Trial; and Stoltzfus and Friedlander, Nazi Crimes and the Law.

22 Bazyler, “Nuremberg in America.” See also Fraser, “‘This is Not Like Any Other Legal Question’.” The Fraser article perhaps brings to light some of what is absent from Law and the Holocaust.

23 See Fraser, Law After Auschwitz.

24 Earl, “Legacies of the Nuremberg SS-Einsatzgruppen Trial.”

25 Ibid., 97.

26 Earl, The Nuremberg SS-Einsatzgruppen Trial.

27 Earl, “Legacies of the Nuremberg SS-Einsatzgruppen Trial,” 114.

28 See Wilke, “Reconsecrating the Temple” and Fraser “Evil Law, Evil Lawyers?”

29 See Whitman, “On Nazi ‘Honour’ and the New European ‘Dignity’” and “Of Corporatism, Fascism and the First New Deal.”