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Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950 PDF Author: Devin O. Pendas
Publisher: Cambridge University Press
ISBN: 1108915957
Category : History
Languages : en
Pages : 235

Book Description
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950 PDF Author: Devin O. Pendas
Publisher: Cambridge University Press
ISBN: 1108915957
Category : History
Languages : en
Pages : 235

Book Description
Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.

Democracy, Nazi Trials and Transitional Justice in Germany, 1945-1950

Democracy, Nazi Trials and Transitional Justice in Germany, 1945-1950 PDF Author: Devin Owen Pendas
Publisher:
ISBN: 9781108820585
Category : Transitional justice
Languages : en
Pages :

Book Description
"This book is a history of transitional justice in occupied Germany. The book offers a new way of looking at the role of law in political transitions. Scholars and activists have long argued that prosecuting past atrocities promotes democracy in the wake of dictatorship. This view is, at best, overly simplistic. The two Germanys started in more or less the same place, politically speaking. Both practiced transitional justice extensively. Yet the results were diametrically opposed: democracy in the West, dictatorship in the East. Transitional justice does not necessarily produce only one kind of political outcome. It can be democratizing but it can also help build authoritarianism. The book shows how Nazi trials were "better" in the East than in the West, in that there were more of them, with more stringent sentences, and a more adequate theory of justice. Yet the eastern trials helped the new Stalinist dictatorship's claim to legitimacy. In the West, judges and lawyers defended Nazis in the name of liberal rights and the rule of law. This got Nazis off the hook, but it also promoted democracy. The politics of transitional justice can be paradoxical, creating unintended consequences and surprising outcomes"--

From Nuremberg to The Hague

From Nuremberg to The Hague PDF Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521536769
Category : History
Languages : en
Pages : 210

Book Description
This 2003 collection of essays is based on five lectures organized jointly by Matrix Chambers of human rights lawyers and the Wiener Library between April and June 2002. Presented by leading experts in the field, this fascinating collection of papers examines the evolution of international criminal justice from its post World War II origins at Nuremberg through to the concrete proliferation of courts and tribunals with international criminal law jurisdictions based at The Hague today. Original and provocative, the lectures provide various stimulating perspectives on the subject of international criminal law. Topics include its corporate and historical dimension as well as a discussion of the International Criminal Court Statute and the role of the national courts. The volume offers a challenging insight into the future of international criminal legal system. This is an intelligent and thought-provoking book, accessible to anyone interested in international criminal law, from specialists to non-specialists alike.

German Big Business and the Rise of Hitler

German Big Business and the Rise of Hitler PDF Author: Henry Ashby Turner
Publisher: Oxford University Press, USA
ISBN: 9780195042351
Category : Big business
Languages : en
Pages : 504

Book Description
Did big business play a crucial role in Adolf Hitler's rise to power? Did German capitalists undermine the Weimaqr Republic, finance the Nazi Party, and use their influence on behalf of Hitler's appointment to the chancellorship of Germany? For half a century, such charges as these have been repeatedly made, and today one of the most widely held explanations for the Third Reich's origins places prime responsibility on Germany's leading corporations. Astonishingly, this subject has never been adequately explored--and until now it was commonly believed that the records that might throw light on this important connection had been either lost or destroyed. In the pages of this groundbreaking book, Henry Ashby Turner, Jr., shows us that these records do indeed exist. And the evidence that leads him to his startling conclusion--that big business did not, on balance, support Hitler's political program--overthrows many of our conventional ideas about the rise of Hitler's regime. German Big Business and the Rise of Hitler takes us through the major corporate archives of Weimar and Nazi Germany and inside the executive offices of the giants of Germany industry--I. G. Farben, Flick, Krupp, Siemens, and many others. It shows us the dynamics between corporations and political machines, businessmen and politicians, industrial associations and political parties. Beginning with an examination of the heritage of German big business and the role it played in the politics of the Weimar Republic, Turner scrutinizes the attitudes of the Nazi Party leadership--Hitler in particular--toward economic issues and big business. He then traces the known contacts between the Nazis and the men of big business down to the triumph of Nazism in 1933. For the first time, the story is told form both sides, employing documentation from Nazi as well as business sources. In the course of assessing the significance of financial contributions to Hitler's party, the author provides the first systematic analysis of Nazism's sources of income. He also gives us a new window, not only on Germany in the 1920s and 1930s, but also on the behavior of 20th-century plrivate corporations, their executives, and their influence on our times.

Democracy, Nazi Trials and Transitional Justice in Germany, 1945–1950

Democracy, Nazi Trials and Transitional Justice in Germany, 1945–1950 PDF Author: Devin O. Pendas
Publisher: Cambridge University Press
ISBN: 0521871298
Category : History
Languages : en
Pages : 235

Book Description
Revising our understanding about how transitional justice works, this study analyses and compares Nazi trials in post-war East and West Germany from 1945 to 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities.

Social Darwinism in European and American Thought, 1860-1945

Social Darwinism in European and American Thought, 1860-1945 PDF Author: Mike Hawkins
Publisher: Cambridge University Press
ISBN: 9780521574341
Category : History
Languages : en
Pages : 360

Book Description
An analysis of the ideological influence of Social Darwinists in Europe and America.

Enemies of the People

Enemies of the People PDF Author: J. Ryan Stackhouse
Publisher: Cambridge University Press
ISBN: 1108832601
Category : History
Languages : en
Pages : 349

Book Description
Explores the Gestapo's complex system of enforcement and control to reveal the day-to-day reality of political policing under Hitler. Stackhouse challenges the abiding perception of the Gestapo as policing only through terror and totalitarianism, drawing on research in hundreds of secret police case files.

A Philosophical Introduction to Human Rights

A Philosophical Introduction to Human Rights PDF Author: Thomas Mertens
Publisher: Cambridge University Press
ISBN: 1108244394
Category : Political Science
Languages : en
Pages : 313

Book Description
While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

Hitler's Generals on Trial

Hitler's Generals on Trial PDF Author: Valerie Geneviève Hébert
Publisher: University Press of Kansas
ISBN: 0700632670
Category : History
Languages : en
Pages : 376

Book Description
By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.

Stalinism and Nazism

Stalinism and Nazism PDF Author: Ian Kershaw
Publisher: Cambridge University Press
ISBN: 9780521565219
Category : History
Languages : en
Pages : 386

Book Description
The internationally distinguished contributors to this landmark volume represent a variety of approaches to the Nazi and Stalinist regimes. These far-reaching essays provide the raw materials towards a comparative analysis and offer the means to deepen and extend research in the field. The first section highlights similarities and differences in the leadership cults at the heart of the dictatorships. The second section moves to the 'war machines' engaged in the titanic clash of the regimes between 1941 and 1945. A final section surveys the shifting interpretations of successor societies as they have faced up to the legacy of the past. Combined, the essays presented here offer unique perspectives on the most violent and inhumane epoch in modern European history.