James Whitman

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The Verdict of Battle: The Law of Victory and the Making of Modern War. Harvard University Press. 2012. ISBN   978-0-674-06714-1.
  • The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial. Yale University Press. 2008. ISBN   978-0-300-11600-7.
  • Harsh Justice: Criminal Punishment and the Widening Divide Between America and Europe. Oxford University Press. 2005. ISBN   978-0-19-518260-6.
  • "The Two Western Cultures of Privacy: Dignity versus Liberty", Yale Law Journal, Vol. 113, April 2004
  • The Legacy of Roman Law in the German Romantic Era: Historical Vision and Legal Change, Princeton University Press, 1990, ISBN   978-0-691-05560-2
  • Hitler's American Model: The United States and the Making of Nazi Race Law. Princeton University Press, 2017, ISBN   978-0691172422
    • Synopsis: a historical analysis of the ways in which Nazi Germany was influenced by and modeled its policies after the United States during the 1930s. Whitman argues that the Nazis were particularly interested in the racial segregation and anti-miscegenation laws that were prevalent in many American states, as well as the brutal tactics used by American law enforcement to control minority populations. These policies served as a template for the Nazis' own persecution of Jews and other minority groups during the Holocaust. Whitman also explores the ways in which American eugenics theory influenced the Nazi regime's ideas about racial purity and the superiority of the Aryan race.
  • Why the Nazis studied American race laws for inspiration. Aeon , 13 December 2016
  • Related Research Articles

    Racism is discrimination and prejudice towards people based on their race or ethnicity. Racism can be present in social actions, practices, or political systems that support the expression of prejudice or aversion in discriminatory practices. The ideology underlying racist practices often assumes that humans can be subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as inferior or superior. Racist ideology can become manifest in many aspects of social life. Associated social actions may include nativism, xenophobia, otherness, segregation, hierarchical ranking, supremacism, and related social phenomena.

    White supremacy is the belief that white people are superior to those of other races and thus should dominate them. The belief favors the maintenance and defense of any power and privilege held by white people. White supremacy has roots in the now-discredited doctrine of scientific racism and was a key justification for European colonialism.

    <span class="mw-page-title-main">Roland Freisler</span> German jurist (1893–1945)

    Roland Freisler, a German jurist, judge and politician who served as the State Secretary of the Reich Ministry of Justice from 1934 to 1942 and as President of the People's Court from 1942 to 1945.

    The Aryan race is an obsolete historical race concept that emerged in the late-19th century to describe people of Proto-Indo-European heritage as a racial grouping. The terminology derives from the historical usage of Aryan, used by modern Indo-Iranians as an epithet of "noble". Anthropological, historical, and archaeological evidence does not support the validity of this concept.

    <span class="mw-page-title-main">Karl Brandt</span> German physician, Nazi criminal, SS-Gruppenführer

    Karl Brandt was a German physician and Schutzstaffel (SS) officer in Nazi Germany. Trained in surgery, Brandt joined the Nazi Party in 1932 and became Adolf Hitler's escort doctor in August 1934. A member of Hitler's inner circle at the Berghof, he was selected by Philipp Bouhler, the head of Hitler's Chancellery, to administer the Aktion T4 euthanasia program. Brandt was later appointed the Reich Commissioner of Sanitation and Health. Accused of involvement in human experimentation and other war crimes, Brandt was indicted in late 1946 and faced trial before a U.S. military tribunal along with 22 others in United States of America v. Karl Brandt, et al. He was convicted, sentenced to death, and hanged on 2 June 1948.

    <span class="mw-page-title-main">Julius Streicher</span> Nazi German politician and publisher (1885–1946)

    Julius Streicher was a member of the Nazi Party, the Gauleiter of Franconia and a member of the Reichstag, the national legislature. He was the founder and publisher of the virulently antisemitic newspaper Der Stürmer, which became a central element of the Nazi propaganda machine. The publishing firm was financially very successful and made Streicher a multi-millionaire.

    <span class="mw-page-title-main">Racial policy of Nazi Germany</span> Set of laws implemented in Nazi Germany

    The racial policy of Nazi Germany was a set of policies and laws implemented in Nazi Germany under the dictatorship of Adolf Hitler, based on pseudoscientific and racist doctrines asserting the superiority of the putative "Aryan race", which claimed scientific legitimacy. This was combined with a eugenics program that aimed for "racial hygiene" by compulsory sterilization and extermination of those who they saw as Untermenschen ("sub-humans"), which culminated in the Holocaust.

    <span class="mw-page-title-main">Eugen Fischer</span> German physician

    Eugen Fischer was a German professor of medicine, anthropology, and eugenics, and a member of the Nazi Party. He served as director of the Kaiser Wilhelm Institute of Anthropology, Human Heredity, and Eugenics, and also served as rector of the Frederick William University of Berlin.

    Nordicism is an ideology which views the historical race concept of the "Nordic race" as an endangered and superior racial group. Some notable and seminal Nordicist works include Madison Grant's book The Passing of the Great Race (1916); Arthur de Gobineau's An Essay on the Inequality of the Human Races (1853); the various writings of Lothrop Stoddard; Houston Stewart Chamberlain's The Foundations of the Nineteenth Century (1899); and, to a lesser extent, William Z. Ripley’s The Races of Europe (1899). The ideology became popular in the late-19th and 20th centuries in Germanic-speaking Europe, Northwestern Europe, Central Europe, and Northern Europe, as well as in North America and Australia.

    Racism has been reflected in discriminatory laws, practices, and actions at various times in the history of the United States against racial or ethnic groups. Throughout American history, white Americans have generally enjoyed legally or socially sanctioned privileges and rights, which have been denied to members of various ethnic or minority groups at various times. European Americans have enjoyed advantages in matters of education, immigration, voting rights, citizenship, land acquisition, and criminal procedure.

    <span class="mw-page-title-main">Manifesto of Race</span> Italian Fascist racial manifesto, promulgated in 1938

    The "Manifesto of Race", otherwise referred to as the Charter of Race or the Racial Manifesto, was a manifesto which was promulgated by the Council of Ministers on the 14th of July 1938, its promulgation was followed by the enactment, in October 1938, of the Racial Laws in Fascist Italy (1922–1943) and the Italian colonial empire (1923–1947).

    <span class="mw-page-title-main">Nuremberg Laws</span> Nazi antisemitic and racist laws enacted in 1935

    The Nuremberg Laws were antisemitic and racist laws that were enacted in Nazi Germany on 15 September 1935, at a special meeting of the Reichstag convened during the annual Nuremberg Rally of the Nazi Party. The two laws were the Law for the Protection of German Blood and German Honour, which forbade marriages and extramarital intercourse between Jews and Germans and the employment of German females under 45 in Jewish households; and the Reich Citizenship Law, which declared that only those of German or related blood were eligible to be Reich citizens. The remainder were classed as state subjects without any citizenship rights. A supplementary decree outlining the definition of who was Jewish was passed on 14 November, and the Reich Citizenship Law officially came into force on that date. The laws were expanded on 26 November 1935 to include Romani and Black people. This supplementary decree defined Romanis as "enemies of the race-based state", the same category as Jews.

    The Nazi Party adopted and developed several pseudoscientific racial classifications as part of its ideology (Nazism) in order to justify the genocide of groups of people which it deemed racially inferior. The Nazis considered the putative "Aryan race" a superior "master race", and they considered black people, mixed-race people, Slavs, Roma, Jews and other ethnicities racially inferior "sub-humans", whose members were only suitable for slave labor and extermination. These beliefs stemmed from a mixture of 19th-century anthropology, scientific racism, and anti-Semitism. The term "Aryan" belongs in general to the discourses of Volk.

    <span class="mw-page-title-main">Nazi eugenics</span> Nazi German policy of the murder of "undesirable" persons from the German people

    Nazi eugenics refers to the social policies of eugenics in Nazi Germany, composed of various ideas about genetics which are now considered pseudoscientific. The racial ideology of Nazism placed the biological improvement of the German people by selective breeding of "Nordic" or "Aryan" traits at its center. These policies were used to justify the involuntary sterilization and mass-murder of those deemed "undesirable".

    <span class="mw-page-title-main">Racial antisemitism</span> Prejudice and discrimination against Jews based on race or ethnicity

    Racial antisemitism is prejudice against Jews based on a belief or assertion that Jews constitute a distinct race that has inherent traits or characteristics that appear in some way abhorrent or inherently inferior or otherwise different from the traits or characteristics of the rest of a society. The abhorrence may find expression in the form of discrimination, stereotypes or caricatures. Racial antisemitism may present Jews, as a group, as a threat in some way to the values or safety of a society. Racial antisemitism can seem deeper-rooted than religious antisemitism, because for religious antisemites conversion of Jews remains an option and once converted the "Jew" is gone. In the context of racial antisemitism Jews cannot get rid of their Jewishness.

    <span class="mw-page-title-main">Italian racial laws</span> Race laws promulgated in Fascist Italy (1938–1943)

    The Italian racial laws, otherwise referred to as the Racial Laws, were a series of laws which were promulgated by the Council of Ministers in Fascist Italy (1922–1943) from 1938 to 1943 in order to enforce racial discrimination and segregation in the Kingdom of Italy. The main victims of the Racial Laws were Italian Jews and the native African inhabitants of the Italian colonial empire (1923–1947). In the aftermath of Mussolini's fall from power, the Badoglio government suppressed the Racial Laws in the Kingdom of Italy. They remained enforced and were made more severe in the territories ruled by the Italian Social Republic (1943–1945) until the end of the Second World War.

    Bryan Mark Rigg is an American author and speaker.

    <span class="mw-page-title-main">Hereditary Health Court</span>

    The Hereditary Health Court, also known as the Genetic Health Court, was a court that decided whether people should be forcibly sterilized in Nazi Germany. That method of using courts to make decisions on hereditary health in Nazi Germany was created to implement the Nazi race policy aiming for racial hygiene.

    Nazism, the common name in English for National Socialism, is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Nazi Germany. During Hitler's rise to power in 1930s Europe, it was frequently referred to as Hitlerism. The later related term "neo-Nazism" is applied to other far-right groups with similar ideas which formed after the Second World War.

    <span class="mw-page-title-main">Law of Nazi Germany</span> Nazi Germanys legal and justicial system 1933 - 1945

    From 1933 to 1945, the Nazi regime ruled Germany and controlled almost all of Europe. During this time, Nazi Germany shifted from the post-World War I society which characterized the Weimar Republic and introduced an ideology of "biological racism" into the country's legal and justicial systems. The shift from the traditional legal system to the Nazis' ideological mission enabled all of the subsequent acts of the Hitler regime to be performed legally. For this to succeed, the normative judicial system needed to be reworked; judges, lawyers and other civil servants acclimatized themselves to the new Nazi laws and personnel. As of 2021, a few laws from the Nazi era still remain codified in German law.

    References

    1. James Q. Whitman Page. Yale Law School website.
    2. 1 2 "MARTIN WHITMAN Obituary (2018) New York Times". Legacy.com. Retrieved 2022-06-20.
    3. "Syracuse University Celebrates Life of Honorary Trustee Martin J. Whitman '49, H'08 | Syracuse University News". 2018-04-17. Retrieved 2022-06-20.
    4. James Q. Whitman Page. John Simon Guggenheim Memorial Foundation Website.
    5. Professors James Whitman '88 and John Witt '99 Win Guggenheim Fellowships. April 19, 2010.
    6. McLemee, Scott (March 8, 2017). "Taking on the Alt-Reich". Inside Higher Ed. Retrieved 2017-05-21.
    7. Guo, Jeff (May 19, 2017). "The Nazis as students of America's worst racial atrocities". The Washington Post. Retrieved 2017-05-21.
    8. "How American Racism Influenced Hitler". The New Yorker. 2018-04-23. Retrieved 2023-03-02.
    9. Möschel, Mathias (June 24, 2019). "James Whitman's, Hitler's American Model. The United States and the Making of Nazi Race Law". German Law Journal. 20 (4): 510–513. doi: 10.1017/glj.2019.34 . ISSN   2071-8322. S2CID   198622125.
    10. Ira Katznelson (3 October 2017). "What America Taught the Nazis; In the 1930s, the Germans were fascinated by the global leader in codified racism—the United States". Theatlantic.com . Retrieved 22 October 2017. November 2017 Issue
    11. Muravchik, Joshua (9 March 2017). "Did American Racism Inspire the Nazis?". Mosaic Magazine . Retrieved 9 March 2017.
    12. "Five professors elected to American Academy of Arts and Sciences". Yale News. 11 April 2017. Retrieved 2017-04-18.
    James Whitman
    Occupation(s)Professor, writer
    Relatives Martin J. Whitman (father)
    Barbara Whitman (sister)
    AwardsGuggenheim Fellow
    Academic background
    Education Yale University (BA, JD)
    Columbia University (MA)
    University of Chicago (PhD)
    Thesis Rule of Roman Law in Romantic Germany, 1790–1860 (1987)
    Doctoral advisor Arnaldo Momigliano