Law of Nazi Germany

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A chart depicting the Nuremberg Laws that were enacted in 1935 Nuremberg laws Racial Chart.jpg
A chart depicting the Nuremberg Laws that were enacted in 1935

From 1933 to 1945, the Nazi regime ruled Germany and, at times, 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. [1] The shift from the traditional legal system (the "normative state") to the Nazis' ideological mission (the "prerogative state") [1] enabled all of the subsequent acts of the Hitler regime (including its atrocities) 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. [2] [3] [4] [5]

Contents

History

The Reichstag building in flames Reichstagsbrand.gif
The Reichstag building in flames

After World War I, Germany considered the law a "most respected entity" [6] as the country regained stability and public confidence. Many German lawyers and judges were Jewish. [6] Adolf Hitler was inspired by Benito Mussolini's October 1922 March on Rome, which brought Mussolini's National Fascist Party to power in Italy. [6]

Hitler's Beer Hall Putsch took place in Munich, Bavaria, on 8–9 November 1923. The attempted coup was halted by Bavarian police; 15 Nazis were killed, and Hitler was imprisoned (where he wrote Mein Kampf ). [6] Hitler exploited Weimar's economic hardships, which included hyperinflation and the effects of the Great Depression. [6] His actions and goals have been described as using the "constitution to destroy the constitution" and the "rules of the republic to destroy the republic". [6]

Nazi influence increased after the party became the largest in the Reichstag. Increasing public pressure, including marches, lawlessness and racism, forced president Paul von Hindenburg to appoint Hitler Chancellor of Germany on 30 January 1933; this was known as the Machtergreifung . [7]

The 27 February 1933 Reichstag fire was used as a pretext to suspend many of the key civil liberties guaranteed by the Weimar Constitution and impose a four-year state of emergency. The Reichstag Fire Decree would "safeguard public security" [8] by restricting civil liberties and granting increased power to the police, and the SA arrested 4,000 members of the Communist Party. [9] Legislative power was given to Hitler so his government could create laws without Reichstag consent. [10]

Several principles were invoked during the state of emergency. The Führerprinzip ("leader principle") designated Hitler as above the law. [8] The Volkist Principle of Racial Inequality organised the judiciary by race; anyone not considered part of the Volksgemeinschaft (people's community) was seen as undeserving of legal protection. [8]

In 1933, The Reich Ministry of the Interior (RMI) was utilised by the Nazi government to consolidate Hitler's rise to power. New civil-service legislation enabled the removal of non-Aryans and the "politically unreliable." [1] Autonomy was removed from individual German states and provinces through a process of coordination ( Gleichschaltung ), and Nazi ideology was imposed by racial and ancestral legislation which defined who was (or was not) a German. [1] In 1936, SS leader and RMI state secretary Heinrich Himmler was placed in charge of the civil police. With the growth of Nazi Germany, the RMI organized the administration of newly-acquired countries and territories.

During the Night of the Long Knives, which began on 30 June 1934, 80 stormtrooper leaders and other opponents of Hitler were arrested and shot. Von Hindenberg's death on 2 August 1934 enabled Hitler to usurp his presidential powers, and his dictatorship was built upon his position as Reich president (head of state), Reich Chancellor (head of government) and Führer (leader of the Nazi Party). [10] The 9–10 November 1938 Kristallnacht (Night of Broken Glass) had attacks on synagogues and Jewish businesses and citizens. Over 100 were killed, and thousands were arrested. [11] Two hundred sixty-seven synagogues in Germany, Austria and the Sudetenland were destroyed; firefighters were instructed to only prevent the flames from spreading. About 30,000 Jewish men were arrested and imprisoned or interned in concentration camps. The government blamed the Jewish people for the attacks, and imposed a fine of one billion ℛℳ. After Kristallnacht, additional decrees removed the Jews from German economic and social life; those who could emigrated elsewhere. [12]

Laws

After the Reichstag Fire Decree, the Enabling Act of 1933 amended the Weimar Constitution to allow Hitler and his government to enact laws (even laws violating the constitution) without going through the Reichstag. Nazi intimidation of the opposition resulted in a vote of 444 to 94. [9]

Flag law

According to the Reich Flag law, Germany's national colors were black, white, and red and its flag incorporated the swastika. In the words of Hitler, this was to "repay a debt of gratitude to the movement under whose symbol Germany regained its freedom, fulfilling a significant item on the program of the National Socialist Party". [13]

Malicious Practices Act

The Malicious Practices Act (Verordnung zur Abwehr heimtückischer Diskreditierung der nationalen Regierung) was passed on 20 March 1933 and was one of the first decrees passed by the Nazis to ensure that any enemies of the state were punished by either being sent to concentration camps or murdered. The act allowed people deemed to be social outcasts such as Jews, homosexuals and political opponents to be punished by the law.

Treachery Act

The Treachery Act (Heimtückegesetz), its official title was the "Law against Treacherous Attacks on the State and Party and for the Protection of Party Uniforms" (Gesetz gegen heimtückische Angriffe auf Staat und Partei und zum Schutz der Parteiuniformen) was passed on 20 December 1934. The act restricted the freedom of speech amongst civilians and penalised any criticism of the Nazi state or the Nazi Party.

Nuremberg Laws

Jewish marriage chart according to the Nuremberg Laws Nuremberg Laws marriage.jpeg
Jewish marriage chart according to the Nuremberg Laws

When Germany was completely under Nazi rule, the number and severity of laws increased. The Nuremberg Laws were announced after the annual Nazi party rally in Nuremberg on 15 September 1935. The two laws authorized arrests of, and violence against, Jews. Initially imposed in Germany, Nazi expansion during the Second World War resulted in the imposition of the Nuremberg Laws in occupied territories. [14]

Citizenship Law

The Citizenship Law formally defined who among the Staatsangehörige (state subjects) of the Reich would retain full political rights as a 'citizen of the Reich', consequently leaving the remaining population as effective non-citizens with no guaranteed rights. The law's definition of what constituted a citizen of the Reich utilized particularly ambiguous language; a citizen was defined as a "German or kindred blood ... who, through his conduct ... is both desirous and fit to serve the German people and the Reich faithfully". [15] This ambiguity resulted in some of the human rights violations following the law's passage being justified (within the Nazi legal framework) by bureaucrats, law enforcement and medical professionals as legal acts under the 1935 law. [13] [16]

In particular, the first condition ensured that many of the non-European ethnic and religious minorities residing in Germany (targeting the Jewish population in particular) were no longer to be considered citizens whereas the latter condition allowed the same to occur to any group that might be considered "unfit for reproduction", including groups such as the mentally ill, alcoholics, those with congenital and/or chronic illness, among many others. The details as to which rights would be stripped in the latter case were specified in the companion "Law for Hereditary Hygiene", also included in the Nuremberg Laws. This law effectively legitimized the Nazi eugenics movement, inspired by various meetings between Hitler and American and British eugenicists, as legal. The extent to which the British originators and American early adopters of the pseudo-science influenced Nazi eugenics is perhaps best exhibited by an openly acknowledged inspiration used in drafting the Nazi social hygiene laws being the 1924 US Virginia state law known as the "Eugenical Sterilization Act (see Eugenics in the United States). [17]

Law for the Protection of German Blood and German Honor

This law had five articles:

  1. Marriages between Jews and Germans or relatives were forbidden, and existing marriages of this kind were void.
  2. Sexual relations outside marriage between Jews and Germans or relatives were forbidden.
  3. Jews were not allowed to employ female German citizens or relatives as domestic servants.
  4. Jews were forbidden to display the national flag and/or colours
  5. Violations of the first article were punishable by hard labor; violations of the second article were punishable by imprisonment, and violations of the third article were punishable by fine and imprisonment. [1]

A 14 November 1935 supplemental decree defined Jewishness. No longer limited to religious beliefs, the decree classified those who followed the Jewish faith, belonged to the Jewish religion when the decree was promulgated, or later entered the Jewish religion, [18] anyone who had three or more Jewish grandparents or two Jewish grandparents and was married to a Jewish spouse and anyone who joined a Jewish community as Jewish, regardless of whether they still followed the religion. [19]

Over 1,900 "special Jewish laws" emphasized Aryan morality and antisemitic stereotypes of "Jewish counter-morality". [1] :91 Jewish lawyers and notaries had already been prohibited from working for the city of Berlin in a local decree in March 1933, [1] :92 and Nazi ideology continued to creep into the legal system:

  • Non-Aryans could not be lay judges or jury members (13 November 1933). [1] :92
  • The Berlin Gestapo ordered measures to be taken to end the perception that Aryan students were receiving assistance from Jews in preparing for their exams (4 April 1935), and later the Justice Ministry decreed that candidates for the final juridical exam had to expressly declare that they had received no assistance from Jews (2 September 1936). [1] :92–93
  • The kosher slaughter of animals was prohibited. [1] :93
  • Laws pertaining to athletes excluded Jewish boxers from competition, and Jews were banned from public swimming places. [1] :93
  • The use of Jewish names for clarifying spelling in the telephone delivery of telegrams (e.g. saying "A as in Abraham") was banned (22 April 1933). [1] :93

For a brief period before and during the 1936 Summer Olympics in Berlin, antisemitic laws and attacks were moderated and discriminatory signage removed. [18] Although this was regarded as an attempt by Hitler to appease the international audience and limit criticism and interference, nearly all German Jewish athletes were excluded from Olympic competition. [18]

Later antisemitic laws

According to historian Saul Friedländer, the "fateful turning point" was reached in 1938 and 1939 [20] with the passage of additional laws which used economic harassment and violence to drive Jews from Germany: [20]

Roland Freisler (center) in the People's Court Bundesarchiv Bild 151-39-23, Volksgerichtshof, Reinecke, Freisler, Lautz.jpg
Roland Freisler (center) in the People's Court

In Nazi Germany, the civil service provided a legal framework to deprive Jews of their rights. [1] Opportunities to create anti-Jewish policies were coveted and career bureaucrats came together and developed increasingly radical policies. Their familiarity with the legal system enabled them to easily manipulate it. [1] The judiciary lost its independence as it was increasingly controlled by the Nazis. Judges who did not join the National Socialist League for the Maintenance of Law were dismissed. Jewish lawyers and judges and those with socialist or other views inconvenient to the Nazi Party were removed. The fundamental legal principle became Nazi "common sense", "Whatever is good for Germany is legal". [22] The People's Court (Volksgerichtshof) was created in 1934 for people accused of political crimes. In 1938, all crimes began to be tried in the court; in 1939, its remit was expanded to include minor offenses. [23] Roland Freisler, appointed in 1942 as judge and interrogator, was infamous for "berating and belittling" defendants and lawyers. [23] Statutes were "systematically misinterpreted”, and the court has been described as committing "judicial murders". [23] Separation of defendants and lawyers was calculated to prevent communication, and defense presentations were often interrupted. [22] Courts were made up of three judges; all verdicts were final, and the convicted defendant was immediately executed. The 20 July plot in 1944 was accompanied by a series of aggressive prosecutions, and over 110 death sentences were imposed in fifty trials. [23]

Nuremberg trials

Defendants at the Nuremberg trials The defendants at Nuremberg Trials2.jpg
Defendants at the Nuremberg trials

After the end of World War II, the Nuremberg trials were conducted in 1945 and 1946 to bring Nazi war criminals to justice. The Nuremberg Charter, decreeing an International Military Tribunal (IMT), was announced on 8 August 1945 to conduct 13 trials made up of judges from the United States, Great Britain, France and the Soviet Union. Article six of the charter outlines the crimes for which Nazi officials would be tried:

  1. Conspiracy to commit charges two, three, and four below
  2. Crimes against peace – participation in the planning and waging of a war of aggression in violation of international treaties
  3. War crimes – violations of the internationally agreed-on rules for waging war
  4. Crimes against humanity – murder, extermination, enslavement, deportation and other inhumane acts committed against any civilian population, before or during the war, or persecution on political, racial, or religious grounds in execution of or in connection with any crime within the jurisdiction of the tribunal, whether or not in violation of the domestic law of the country where it was perpetrated. [24]

Twenty-four Nazi officials were indicted for these crimes on 6 October 1945, including Hermann Goring (Speaker of the Reichstag), Rudolf Hess (Nazi Deputy Leader), Joachim von Ribbentrop (Foreign Minister), and Wilhelm Keitel (Head of The Armed Forces). Verdicts included 12 death sentences, three life imprisonments, four prison terms of 10–20 years and three acquittals. Those acquitted were Hjalmar Schacht (Economics Minister), Former Vice-Chancellor Franz von Papen, and Hans Fritzsche (Head of Press and Radio). [24]

See also

Related Research Articles

The Nazi term Gleichschaltung or "coordination" was the process of Nazification by which Adolf Hitler—leader of the Nazi Party in Germany—successively established a system of totalitarian control and coordination over all aspects of German society "from the economy and trade associations to the media, culture and education". Although the Weimar Constitution remained nominally in effect until Germany's surrender following World War II, near total Nazification had been secured by the 1935 resolutions approved during the Nuremberg Rally, when the symbols of the Nazi Party and the state were fused and German Jews were deprived of their citizenship. The tenets of Gleichschaltung also applied to territories occupied by the Nazis.

<span class="mw-page-title-main">Nazi Germany</span> Germany under the Nazi Party (1933–1945)

Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a totalitarian dictatorship. The Third Reich, meaning "Third Realm" or "Third Empire", referred to the Nazi claim that Nazi Germany was the successor to the earlier Holy Roman Empire (800–1806) and German Empire (1871–1918). The Third Reich, which the Nazis referred to as the Thousand-Year Reich, ended in May 1945, after only 12 years, when the Allies defeated Germany and entered the capital, Berlin, ending World War II in Europe.

<span class="mw-page-title-main">Nazi Party</span> Far-right political party active in Germany (1920–1945)

The Nazi Party, officially the National Socialist German Workers' Party, was a far-right political party in Germany active between 1920 and 1945 that created and supported the ideology of Nazism. Its precursor, the German Workers' Party, existed from 1919 to 1920. The Nazi Party emerged from the extremist German nationalist, racist and populist Freikorps paramilitary culture, which fought against communist uprisings in post–World War I Germany. The party was created to draw workers away from communism and into völkisch nationalism. Initially, Nazi political strategy focused on anti–big business, anti-bourgeois, and anti-capitalist rhetoric; it was later downplayed to gain the support of business leaders. By the 1930s, the party's main focus shifted to antisemitic and anti-Marxist themes. The party had little popular support until the Great Depression, when worsening living standards and widespread unemployment drove Germans into political extremism.

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

Karl Roland Freisler was 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. As a prominent ideologist of Nazism, he influenced as a jurist the Nazification of Germany's legal system. He attended the 1942 Wannsee Conference, the event which set the Holocaust in motion. He was appointed President of the People's Court in 1942, overseeing the prosecution of political crimes as a judge, and became known for his aggressive personality, his humiliation of defendants, and frequent use of the death penalty in sentencing.

<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">Wilhelm Frick</span> German Nazi Party politician (1877–1946)

Wilhelm Frick was a convicted war criminal and prominent German politician of the Nazi Party (NSDAP) who served as Minister of the Interior in Adolf Hitler's cabinet from 1933 to 1943 and as the last governor of the Protectorate of Bohemia and Moravia.

<span class="mw-page-title-main">Reichstag fire</span> 1933 arson attack in Berlin, Germany

The Reichstag fire was an arson attack on the Reichstag building, home of the German parliament in Berlin, on Monday, 27 February 1933, precisely four weeks after Adolf Hitler was sworn in as Chancellor of Germany. Marinus van der Lubbe, a Dutch council communist, was the alleged culprit; the Nazis attributed the fire to a group of Communist agitators, used it as a pretext to claim that Communists were plotting against the German government, and induced President Paul von Hindenburg to issue the Reichstag Fire Decree suspending civil liberties, and pursue a "ruthless confrontation" with the Communists. This made the fire pivotal in the establishment of Nazi Germany.

Mischling was a pejorative legal term which was used in Nazi Germany to denote persons of mixed "Aryan" and "non-Aryan", such as Jewish, ancestry as they were classified by the Nuremberg racial laws of 1935. In German, the word has the general denotation of 'hybrid', 'mongrel', or 'half-breed'. Outside its use in official Nazi terminology, the term Mischlingskinder was later used to refer to war babies born to non-white soldiers and German mothers in the aftermath of World War II.

A German Blood Certificate was a document provided by Nazi leader Adolf Hitler to Mischlinge, declaring them deutschblütig. This practice was begun sometime after the Nuremberg Laws of 1935, and allowed exemption from most of Germany's racial laws.

<i>Rassenschande</i> Nazi word for interracial contacts

Rassenschande or Blutschande was an anti-miscegenation concept in Nazi German racial policy, pertaining to sexual relations between Aryans and non-Aryans. It was put into practice by policies like the Aryan certificate requirement, and later by anti-miscegenation laws such as the Nuremberg Laws, adopted unanimously by the Reichstag on 15 September 1935. Initially, these laws referred predominantly to relations between ethnic Germans and non-Aryans, regardless of citizenship. In the early stages the culprits were targeted informally; later, they were punished systematically and legally.

<span class="mw-page-title-main">Law for the Restoration of the Professional Civil Service</span> Nazi-era law excluding Jews and anti-Nazis from German civil service

The Law for the Restoration of the Professional Civil Service, also known as Civil Service Law, Civil Service Restoration Act, and Law to Re-establish the Civil Service, was enacted by the Nazi regime in Germany on 7 April 1933. This law, which followed Adolf Hitler's rise to power by two months and the promulgation of the Enabling Act by two weeks, constituted one of the earliest instances of anti-Semitic and racist legislation in Germany.

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

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 Romani people as "enemies of the race-based state", the same category as Jews.

<span class="mw-page-title-main">Nazi boycott of Jewish businesses</span> Nazis attempted boycott of Jewish-owned businesses in 1933

The Nazi boycott of Jewish businesses in Germany began on April 1, 1933, and was claimed to be a defensive reaction to the anti-Nazi boycott, which had been initiated in March 1933. It was largely unsuccessful, as the German population continued to use Jewish businesses, but revealed the intent of the Nazis to undermine the viability of Jews in Germany.

<span class="mw-page-title-main">Anti-Jewish legislation in pre-war Nazi Germany</span> Anti-semitic laws enacted by the German government in the late 1930s

Anti-Jewish legislation in pre-war Nazi Germany comprised several laws that segregated the Jews from German society and restricted Jewish people's political, legal and civil rights. Major legislative initiatives included a series of restrictive laws passed in 1933, the Nuremberg Laws of 1935, and a final wave of legislation preceding Germany's entry into World War II.

Mischling Test refers to the legal test under Nazi Germany's Nuremberg Laws that was applied to determine whether a person was considered a "Jew" or a Mischling (mixed-blood).

<span class="mw-page-title-main">Reichstag (Nazi Germany)</span> Legislative body of Nazi Germany

The Reichstag, officially the Greater German Reichstag after 1938, was the national parliament of Nazi Germany from 1933 to 1945. Following the Nazi seizure of power and the enactment of the Enabling Act of 1933, it functioned purely as a rubber stamp for the actions of Adolf Hitler's dictatorship — always by unanimous consent — and as a forum to listen to Hitler's speeches. In this purely ceremonial role, the Reichstag convened only 20 times, the last on 26 April 1942. The President of the Reichstag throughout this period was Hermann Göring.

Bernhard Lösener was a lawyer and Jewish expert in the Reich Ministry of the Interior. He was among the lawyers who helped draft the Nuremberg Laws, among other legislation that deprived German Jews of their rights and ultimately led to their deportation to concentration camps.

The Frontkämpferprivileg was an exemption granted by the government of Nazi Germany between 1933 and 1935 to German Jews who had fought for Germany during the First World War but faced dismissal from official posts under anti-Jewish legislation in prewar Nazi Germany.

<span class="mw-page-title-main">History of Jews in Leipzig from 1933 to 1939</span>

Leipzig is the largest city in the German state of Saxony, and one of the largest cities in Germany. It is located in the northern half of Germany, south of Berlin. The history of Leipzig from 1933 to 1939, is affected by the actions of the Nazi regime. From the beginning of the Nazi Party's rise to power in 1933, to the beginning of World War II in 1939, Leipzig was an important city to the regime. Thousands of Jews were transported to and from this city as Adolf Hitler's plans for the Jewish people evolved. Between the years of 1933 to 1939, Jews suffered from the implementation of over 400 anti-Jewish policies, laws, and regulations. However, other than the history of the Holocaust, Leipzig has a rich Jewish history and culture.

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