Comments on: Hitler’s Justice: The Courts of the Third Reich, with an introduction by Detlev Vagts http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/ Fri, 21 Oct 2011 05:23:49 -0500 http://wordpress.org/?v=2.9.2 hourly 1 By: Sevile http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/comment-page-1/#comment-6 Sevile Thu, 25 Mar 2010 07:30:01 +0000 http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/#comment-6 This book is a much sought after piece of scholarship. Its biggest flaw is its title sounds sensational (and misleading). The reviewer for the Journal of Library probably seen only the back. While there are anecdotes in the book, the book is anecdotal. The author seems to have read hundreds if not thousands of law cases. <br /> This book is an overwhelming endictment the German judiciary, not only during the Second World War, but in the periods before and afterwards. It shows how the horror of that time were some of its roots in the German judicial system. <br /> The book documents how during the Weimar period, before the second world war, the judiciary undermine the democratic government with the support of the Nazis and helped bring to power. A memorable story occurs during the process, after the Nazi coup beer hall. He demanded that the German law, be expelled from an Austrian, Hitler. But the judge refused to order this, saying that "Hitler is the most German of Germans" (or something similar). This is just anecdotal, but the chapter on the Weimar period covers the major cases of violence and insubordination during this period, and shows a persistent trend of the judiciary in support of the Nazis. <br /> During the Nazi period, l 'the author shows the Court has helped to strengthen the power of the Nazis. Here the author raises a number of myths to rest. An interesting chapter is the fire of the Bundestag. The author shows how the courts have acted in a distorted way and pimp in the process, and also played for the emergence of the Nazi government attractive to the rest of the international community. This is a very different show from this event, which appeared in the books of German history, where judges are presented as acting heroically in defense of justice. <br /> Another chapter that the myths of the timer is the chapter on the strength of the bank. Historians have long argued that the judiciary law opposed the Nazis, despite grave danger. <br /> But the truth is that only a judge resisted. And the result was that after ten years of being a nuisance, has received early retirement (academic legal history is the same. A teacher of 600 refused an oath of allegiance to the Nazi government, and ended with early retirement). <br /> For Americans, the most disappointing revelations of the book may be in the final section on the consequences of war. It turns out that Allied denazification program lasted only a few months. At that time, despite their own guidelines, the Allies began to allowing former Nazis to serve in the judiciary. Within a few years, he had renounced all restrictions against former Nazis. For the judicial system has been closed to be composed of the same people after the war as during it. A viewpoint from which they were able to obstruct and impede the prosecution of Nazi war criminals and to romanticize the history of the crimes of the Nazi era to remove it. Again, there are some memorable (and hard to believe), anecdotes, E. g. Germany adopted a law imposing a Nazi will be granted 50 jobs from the public to leave the concentration camp guards released, and gave them pensions. Rating: 5 / 5 This book is a much sought after piece of scholarship. Its biggest flaw is its title sounds sensational (and misleading). The reviewer for the Journal of Library probably seen only the back. While there are anecdotes in the book, the book is anecdotal. The author seems to have read hundreds if not thousands of law cases.
This book is an overwhelming endictment the German judiciary, not only during the Second World War, but in the periods before and afterwards. It shows how the horror of that time were some of its roots in the German judicial system.
The book documents how during the Weimar period, before the second world war, the judiciary undermine the democratic government with the support of the Nazis and helped bring to power. A memorable story occurs during the process, after the Nazi coup beer hall. He demanded that the German law, be expelled from an Austrian, Hitler. But the judge refused to order this, saying that “Hitler is the most German of Germans” (or something similar). This is just anecdotal, but the chapter on the Weimar period covers the major cases of violence and insubordination during this period, and shows a persistent trend of the judiciary in support of the Nazis.
During the Nazi period, l ‘the author shows the Court has helped to strengthen the power of the Nazis. Here the author raises a number of myths to rest. An interesting chapter is the fire of the Bundestag. The author shows how the courts have acted in a distorted way and pimp in the process, and also played for the emergence of the Nazi government attractive to the rest of the international community. This is a very different show from this event, which appeared in the books of German history, where judges are presented as acting heroically in defense of justice.
Another chapter that the myths of the timer is the chapter on the strength of the bank. Historians have long argued that the judiciary law opposed the Nazis, despite grave danger.
But the truth is that only a judge resisted. And the result was that after ten years of being a nuisance, has received early retirement (academic legal history is the same. A teacher of 600 refused an oath of allegiance to the Nazi government, and ended with early retirement).
For Americans, the most disappointing revelations of the book may be in the final section on the consequences of war. It turns out that Allied denazification program lasted only a few months. At that time, despite their own guidelines, the Allies began to allowing former Nazis to serve in the judiciary. Within a few years, he had renounced all restrictions against former Nazis. For the judicial system has been closed to be composed of the same people after the war as during it. A viewpoint from which they were able to obstruct and impede the prosecution of Nazi war criminals and to romanticize the history of the crimes of the Nazi era to remove it. Again, there are some memorable (and hard to believe), anecdotes, E. g. Germany adopted a law imposing a Nazi will be granted 50 jobs from the public to leave the concentration camp guards released, and gave them pensions.
Rating: 5 / 5

]]> By: Alex Kozinski http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/comment-page-1/#comment-5 Alex Kozinski Thu, 25 Mar 2010 05:44:37 +0000 http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/#comment-5 The amazing part of the book is what it tells us about the justice system in Germany during Hitler's reign. That was predictable, although Müller gives explanations and examples are very illuminating. Most shocking is the sequel - the laundering of guilt lawyers, prosecutors and judges, after the war. I consider myself quite an expert on the Holocaust, but this was new to me. Pretty amazing. <br /> Rating: 5 / 5 The amazing part of the book is what it tells us about the justice system in Germany during Hitler’s reign. That was predictable, although Müller gives explanations and examples are very illuminating. Most shocking is the sequel – the laundering of guilt lawyers, prosecutors and judges, after the war. I consider myself quite an expert on the Holocaust, but this was new to me. Pretty amazing.
Rating: 5 / 5

]]> By: Robert D. Harmon http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/comment-page-1/#comment-4 Robert D. Harmon Thu, 25 Mar 2010 03:58:13 +0000 http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/#comment-4 As the German legal profession abandoned the rule of law, particularly in the special tribunals (Special Courts and People's Courts) in Weimar and Nazi Germany. Muller notes that this trend in pre-Hitler, that laws that allow, in the name of national security that followed the replacement of liberal with conservative judges for decades before Hitler, and that judges had come to accept public affairs as a "friend or foe" paradigm no room for a loyal opposition. <br /> <br /> 1933 and post-9/11 are not identical, of course. 1933, the Reichstag Fire Decree suspended many civil liberties section of the Constitution of the Republic itself, and all citizens of the Republic, while current U.S. military tribunals simply delete a category of enemy combatants in the military or ordinary criminal court. However, the courts of Weimar had created the courts of special jurisdiction, and the types of crimes against national security, long before 1933. Hitler is limited to this trend, and the statement of requirements of doctrine, by its logic level, and Mr. Muller is very good at putting this in context. Injustices pre-and post-dated Hitler. <br /> <br /> U. S. Readers should remember that the German legal system had major differences with Anglo-American jurisprudence, with greater use of these in the previous case, the neutral judges, defense lawyers and independent. Again, here you can see how the legal system, once he became the proud rule of law in a state bloody force, involved in a legal manner. Value, if chilling, working. Rating: 5 / 5 As the German legal profession abandoned the rule of law, particularly in the special tribunals (Special Courts and People’s Courts) in Weimar and Nazi Germany. Muller notes that this trend in pre-Hitler, that laws that allow, in the name of national security that followed the replacement of liberal with conservative judges for decades before Hitler, and that judges had come to accept public affairs as a “friend or foe” paradigm no room for a loyal opposition.

1933 and post-9/11 are not identical, of course. 1933, the Reichstag Fire Decree suspended many civil liberties section of the Constitution of the Republic itself, and all citizens of the Republic, while current U.S. military tribunals simply delete a category of enemy combatants in the military or ordinary criminal court. However, the courts of Weimar had created the courts of special jurisdiction, and the types of crimes against national security, long before 1933. Hitler is limited to this trend, and the statement of requirements of doctrine, by its logic level, and Mr. Muller is very good at putting this in context. Injustices pre-and post-dated Hitler.

U. S. Readers should remember that the German legal system had major differences with Anglo-American jurisprudence, with greater use of these in the previous case, the neutral judges, defense lawyers and independent. Again, here you can see how the legal system, once he became the proud rule of law in a state bloody force, involved in a legal manner. Value, if chilling, working.
Rating: 5 / 5

]]> By: George L. Mertens http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/comment-page-1/#comment-3 George L. Mertens Thu, 25 Mar 2010 01:27:59 +0000 http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/#comment-3 Because of my interest in the history of Europe in the first half of last century, I read a standard number of stories through the Second World War. As a lawyer, also had a strong interest in legal theory about this same time period. As for Germany, since mid-1920 to the end of the war, I have generally made in two types of approaches to legal theory, both in general and includes one or two chapters of a bigger story. In general, neither the author explains how the judges had been "trapped" in the system and obtain an almost sympathetic view of his position within the regime. These authors have tended to distinguish the most famous courts by judges of lower courts. The other approach is generally quoted some outrageous court decisions during the leave period and analysis of this. Muller broke with these approaches the surface and, finally, given the court's attention that would need to understand what conduct is a citizen in court, what exactly happened to the citizens in the courts and dynamics among judges , teachers and the party in this context. <br /> <br /> Muller cites an impressive number of primary sources. I can only imagine how he could find time to digest all the files and case decisions. In fact, I can not imagine how she found it. Regardless, as a lawyer, I found your analysis very objective and a little 'fear. <br /> <br /> On the theory of law is the first author to run through that also seeks to explain the passage of German constitutional law at the level directly related to the time of the Enlightenment in Europe to the Nazi regime. He defines the evolution of theories of law professors, resulting in the creation and interpretation of the law office and, finally, the impact of the breakdown of Total procedural due process to amending the law on rights human in a system concerned only political self-determination of survival status. He merely stated that they feel what category of issues. He takes the arguments of primary source material and defines the real decisions, theories and writings in support of its conclusions. <br /> <br /> An extraordinary meeting of Muller's analysis shows in recent chapters. I had never read anything with any detail on this particular issue, but through the use of primary sources, Muller cuts inside. It addresses the impact of Nazi legal system in German law since 1945. As a lawyer, I found the amazing analysis. The subject is exposed, and can not find in any case establishs disagree with the large number of Nazi judges remained in place and effectively withdrew from the system shortly after the war. More importantly, many law professors who helped develop the legal theories that led to crimes against humanity during the Nazi regime retained their positions and continued to teach his theories in areas such as law and criminal procedure and constitutional law . The latter's impact is deep in those teachers who have taught a new generation of lawyers and judges, which are in place today. I can only imagine, but I feel that this must have something to do with the current rise in <br right-wing political activities in Germany during the last decade. /> <br /> synthesis, Muller also offers an analysis of an extremely complex issue. Conclusions are reached at all, but only explaining the basics, so the reader can still draw their own conclusions. Once again, I am very impressed with the main source of material you have collected. In my humble opinion, this would be a welcome book for those who have an interest in the history of the time or legal theory. Muller manages to bring the best elements of a historian and an attorney in your writing of this book. Believe me, this is a rare achievement. Rating: 5 / 5 Because of my interest in the history of Europe in the first half of last century, I read a standard number of stories through the Second World War. As a lawyer, also had a strong interest in legal theory about this same time period. As for Germany, since mid-1920 to the end of the war, I have generally made in two types of approaches to legal theory, both in general and includes one or two chapters of a bigger story. In general, neither the author explains how the judges had been “trapped” in the system and obtain an almost sympathetic view of his position within the regime. These authors have tended to distinguish the most famous courts by judges of lower courts. The other approach is generally quoted some outrageous court decisions during the leave period and analysis of this. Muller broke with these approaches the surface and, finally, given the court’s attention that would need to understand what conduct is a citizen in court, what exactly happened to the citizens in the courts and dynamics among judges , teachers and the party in this context.

Muller cites an impressive number of primary sources. I can only imagine how he could find time to digest all the files and case decisions. In fact, I can not imagine how she found it. Regardless, as a lawyer, I found your analysis very objective and a little ‘fear.

On the theory of law is the first author to run through that also seeks to explain the passage of German constitutional law at the level directly related to the time of the Enlightenment in Europe to the Nazi regime. He defines the evolution of theories of law professors, resulting in the creation and interpretation of the law office and, finally, the impact of the breakdown of Total procedural due process to amending the law on rights human in a system concerned only political self-determination of survival status. He merely stated that they feel what category of issues. He takes the arguments of primary source material and defines the real decisions, theories and writings in support of its conclusions.

An extraordinary meeting of Muller’s analysis shows in recent chapters. I had never read anything with any detail on this particular issue, but through the use of primary sources, Muller cuts inside. It addresses the impact of Nazi legal system in German law since 1945. As a lawyer, I found the amazing analysis. The subject is exposed, and can not find in any case establishs disagree with the large number of Nazi judges remained in place and effectively withdrew from the system shortly after the war. More importantly, many law professors who helped develop the legal theories that led to crimes against humanity during the Nazi regime retained their positions and continued to teach his theories in areas such as law and criminal procedure and constitutional law . The latter’s impact is deep in those teachers who have taught a new generation of lawyers and judges, which are in place today. I can only imagine, but I feel that this must have something to do with the current rise in

synthesis, Muller also offers an analysis of an extremely complex issue. Conclusions are reached at all, but only explaining the basics, so the reader can still draw their own conclusions. Once again, I am very impressed with the main source of material you have collected. In my humble opinion, this would be a welcome book for those who have an interest in the history of the time or legal theory. Muller manages to bring the best elements of a historian and an attorney in your writing of this book. Believe me, this is a rare achievement.
Rating: 5 / 5

]]> By: Tom Munro http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/comment-page-1/#comment-2 Tom Munro Wed, 24 Mar 2010 22:44:36 +0000 http://www.restorejustice.org/hitlers-justice-the-courts-of-the-third-reich-with-an-introduction-by-detlev-vagts/#comment-2 This book is written in a little "dry and is probably intended for an audience of lawyers. However, it is written with passion and fire. <p> German judiciary, before the First World War, was a servant of the monarchy. Müller describes how between the wars, the judiciary was hostile to the Weimar Republic and gave a very clear right right-wing groups who have been accused of treason, after attempts to overthrow the democratic government . <p> After the Nazi party took power of the courts has become the will of the officials of the regime. Muller notes that all but a small percentage of judges and prosecutors joined the Nazi party. Disposal of the Jews and ex-Communists, the German bar and the courts has been achieved without a whimper of protest. In fact, the bar associations in Germany, have supported these movements, making it a crime to place a Jewish ethics. <p> With the enactment of laws designed to eliminate the Jews' civil rights and protection of the German race, the tendency for courts Backwoods to increase the scope and effectiveness of those laws. Muller cites numerous examples . One case concerns the Court's approach to deal with "the Jews", guilty of sexual relations with "Germans." Existing laws allow only for a period of detention is one of those cases. However, courts its own initiative, would use the rules that have allowed the death penalty to apply to repeat offenders to condemn Jews and Poles who had sex with the Germans. Muller cites an example of a young man who knew he was really Jewish . There were a number of links and only came to light that their birth records showed that her grandparents were "children of Israel." The court decided that the question, since there was a series of reports to be sentenced to death. Muller cites a number of cases in which courts have been criticized by the Nazi Party itself to be openly hostile. The language of the courts has been filled with the invective of anti-Semitism and racism of the time. <p> After war, some judges tried to justify their behavior, suggesting that if they do not cooperate with the government would face serious consequences. Muller, in fact, examined the records of all courts and found one that has refused to impose Nazi laws. It was simply retired. Muller has argued convincingly that the supporters of the German judicial system members were enthusiastic of National Socialism. <p> The book is a weight and evidence for the proposition that what happened in Germany was not the result of the Nazi party, but a coalition of rightist parties, which had a common perception of the world. The judges were, in fact, some of Hitler's Willing Executioners. Rating: 5 / 5 This book is written in a little “dry and is probably intended for an audience of lawyers. However, it is written with passion and fire.

German judiciary, before the First World War, was a servant of the monarchy. Müller describes how between the wars, the judiciary was hostile to the Weimar Republic and gave a very clear right right-wing groups who have been accused of treason, after attempts to overthrow the democratic government .

After the Nazi party took power of the courts has become the will of the officials of the regime. Muller notes that all but a small percentage of judges and prosecutors joined the Nazi party. Disposal of the Jews and ex-Communists, the German bar and the courts has been achieved without a whimper of protest. In fact, the bar associations in Germany, have supported these movements, making it a crime to place a Jewish ethics.

With the enactment of laws designed to eliminate the Jews’ civil rights and protection of the German race, the tendency for courts Backwoods to increase the scope and effectiveness of those laws. Muller cites numerous examples . One case concerns the Court’s approach to deal with “the Jews”, guilty of sexual relations with “Germans.” Existing laws allow only for a period of detention is one of those cases. However, courts its own initiative, would use the rules that have allowed the death penalty to apply to repeat offenders to condemn Jews and Poles who had sex with the Germans. Muller cites an example of a young man who knew he was really Jewish . There were a number of links and only came to light that their birth records showed that her grandparents were “children of Israel.” The court decided that the question, since there was a series of reports to be sentenced to death. Muller cites a number of cases in which courts have been criticized by the Nazi Party itself to be openly hostile. The language of the courts has been filled with the invective of anti-Semitism and racism of the time.

After war, some judges tried to justify their behavior, suggesting that if they do not cooperate with the government would face serious consequences. Muller, in fact, examined the records of all courts and found one that has refused to impose Nazi laws. It was simply retired. Muller has argued convincingly that the supporters of the German judicial system members were enthusiastic of National Socialism.

The book is a weight and evidence for the proposition that what happened in Germany was not the result of the Nazi party, but a coalition of rightist parties, which had a common perception of the world. The judges were, in fact, some of Hitler’s Willing Executioners.
Rating: 5 / 5

]]>