Punishment by Analogy in National Socialist Penal Law

1936 ◽  
Vol 26 (6) ◽  
pp. 847 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
1935 ◽  
Vol 29 (2) ◽  
pp. 206-218
Author(s):  
Lawrence Preuss

The draconic character of German National Socialist legislation on political crime has been brought forcibly to public attention by the recent activity of the People’s Court (Volksgericht), which was established last year for the purpose of assuring a more effective repression of treason and espionage. The subject is one of international concern, since the court has jurisdiction over aliens for acts committed abroad as well as upon German territory, and applies a law which is almost unparalleled at the present time in its severity and comprehensiveness. The safeguards commonly deemed essential to the protection of the accused are absent from the proceedings of the Volksgericht, which are secret as to indictment, investigation and trial.


2016 ◽  
pp. 91-118
Author(s):  
Peter Black

The Sonderdienst (Special Service) was an enforcement agency developed by German SS and Police authorities, specifically in the Lublin District of the so called Government General (central and southeastern German-occupied Poland) to assist in enforcing German occupation ordinances in the cities and particularly in the countryside, where lack of police personnel, ignorance of local conditions, and perceived fear of partisan attack discouraged a direct German police presence. After February 1941, the SS and Police relinquished control over the Sonderdienst to the German civilian occupation authorities. Under civilian authority, the Sonderdienst was deployed at the Kreis level, under command of the so-called German Stadt- and Kreishauptmänner in detachments of approximately 30 men to carry out administrative enforcement activities when the civilian authorities were unable to count or SS and police support. This article examines how the Sonderdienst highlights the dependence of German administration in the Government General on locally recruited auxiliaries, particularly in the countryside. The Sonderdienst was conceived, developed, expanded, and deployed within the context of a bitter battle between German civilian authorities and the SS/police apparatus over control of local executive police power. This is hardly new; yet the Government General is unusual in that the German civilian authorities were able to fight the SS to a draw on this issue. Since its formation followed the recruitment of the “ethnic” and ideological “cream” of the ethnic German population of occupied Poland into agencies such as the Selbstschutz, and the Waffen SS, the Sonderdienst represents an early effort of the National Socialist authorities to fashion an ethnically conscious and ideologically committed corps from young men of questionable, even dubious, German ancestry and heritage. Finally, this study reveals not only the complicity of the civilian authorities in Nazi crimes, but the link in German-occupied Poland between “routine” administrative duties, such as collecting fines for ordinance violations, and the brutal persecution and annihilation of groups targeted as enemies of the German Reich, such as the Polish Jews. Civilian administrators and SS and police authorities shared the “National Socialist consensus” in occupied Poland. They wanted to annihilate the Jews and the Polish intelligentsia, to exploit the labor potential of the Polish masses, and to turn the Government General into a region of German settlement. As a part of this vision, the Sonderdienst was to serve not only as a police executive, but as a political and cultural steppingstone to full acceptance into the German “racial community.” There is no question that, even in “routine” duties, the Sonderdienst participated, more or less willingly, in the implementation of the most evil racist policies of the National Socialist regime.


Author(s):  
Claudia Leeb

Through a critical appropriation of Hannah Arendt, and a more sympathetic engagement with Theodor W. Adorno and psychoanalysis, this book develops a new theoretical approach to understanding Austrians’ repression of their collaboration with National Socialist Germany. Drawing on original, extensive archival research, from court documents on Nazi perpetrators to public controversies on theater plays and museums, the book exposes the defensive mechanisms Austrians have used to repress individual and collective political guilt, which led to their failure to work through their past. It exposes the damaging psychological and political consequences such failure has had and continues to have for Austrian democracy today—such as the continuing electoral growth of the right-wing populist Freedom Party in Austria, which highlights the timeliness of the book. However, the theoretical concepts and practical suggestions the book introduces to counteract the repression of individual and collective political guilt are relevant beyond the Austrian context. It shows us that only when individuals and nations live up to guilt are they in a position to take responsibility for past crimes, show solidarity with the victims of crimes, and prevent the emergence of new crimes. Combining theoretical insights with historical analysis, The Politics of Repressed Guilt is an important addition to critical scholarship that explores the pathological implications of guilt repression for democratic political life.


Author(s):  
Steven Michael Press

In recognizing more than just hyperbole in their critical studies of National Socialist language, post-war philologists Viktor Klemperer (1946) and Eugen Seidel (1961) credit persuasive words and syntax with the expansion of Hitler's ideology among the German people. This popular explanation is being revisited by contemporary philologists, however, as new historical argument holds the functioning of the Third Reich to be anything but monolithic. An emerging scholarly consensus on the presence of more chaos than coherence in Nazi discourse suggests a new imperative for research. After reviewing the foundational works of Mein Kampf (1925) and Myth of the Twentieth Century (1930), the author confirms Klemperer and Seidel’s claim for linguistic manipulation in the rise of the National Socialist Party. Most importantly, this article provides a detailed explanation of how party leaders employed rhetorical language to promote fascist ideology without an underlying basis of logical argumentation.


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