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Discussion Questions What might the case of Judge Kreyssig tell us about the possible impact that other judges and lawyers who actively opposed the Nazis might have had?
Legal discourse is a discourse about what ought.
He lived till 1986.Laws and lawyers and courts, by giving an appearance of legality to the exclusion of the Jews, served to legitimize that exclusion.It is statements by the law makers of what they want society. .Legislated antisemitism was marginalization in principle, dehumanization as an ethic.In another sense, he hit dead on a least part of what was amiss in what was happening, the abuse of law.Those who did not think that what they were doing was right because it was racist could and did think that what they were doing was right because it was legal.The phrase, I was only doing my job, when it came to applying Nazi exclusion law, was more than just an excuse. .In every country but Denmark that the Nazis invaded, racial laws excluding Jews from economic activities were enacted and enforced (6).DeCoste and Bernard Schwartz, University of Alberta Press, 2000, page 302.Kreyssig, the one judge who resisted the Nazis, as noted, suffered no other consequence than dismissal with a pension.If the task of exclusion can be extracted from its impact on humanity, if it can be turned into a mere technical abstraction, it becomes that much easier to perform.
Legality expanded the range of perpetrators beyond true believers to encompass the full, formal machinery of the state.What are the lessons which can be learned from this experience?1 (1948.R.T.W.C.Yet, the complicity of the legal profession mattered very much indeed.Please note that all PDF documents are marked as such and will open in a new browser window.Legalisation became a technique of avoidance.In his book, Hitler's Justice: The Courts of the Third Reich, Ingo Muller wrote: "No matter how hard one searches for stouthearted men among the judges of the Third Reich, for judges who refused to serve the regime from the bench, there remains a grand.Notes: ( 1 ) Henry Friedlander The origins of Nazi genocide: from euthanasia to the final solution UNC Press 1997, page 121.It is noteworthy that the one judge who did object to Nazi murders, Lothar Kreyssig, did so in legal terms.Perpetrators developed a sense of immunity through law.The Nazi race laws prohibited, amongst other things, sexual relations between Jews and Aryans. .Law gave respectability to brute prejudice.The law sets out the legislator's ideal.( 2 ) Harvard University Press, 1991.It was startling to see the failure of the participants in a fully developed legal culture, judges as well as the legal profession, with the sole exception of Lother Kreyssig, to oppose Nazi crimes as illegal, and, on the contrary, their willingness to participate actively.