Saturday, 8 September 2018

Nazi Justice Was Based on the Führerprinzip

For a start, Nazis explicitly repudiated the values of liberal jurisprudence, as represented by the Weimar constitution. A Hamburg court stated, for example, that “the destruction of this constitution has been one of the outstanding goals of National-Socialism for many years” since its “degenerate form  of bourgeois constitutionalism” was repellent to the “German world view.” Rather than drawing up a new constitution as the Bolsheviks did, Nazi justice was based on the Führerprinzip—the view that it must reflect Hitler’s will, serving as an instrument of the regime’s goal of building up a “healthy racial community.” The Führerprinzip subordinated “formal legal criteria” to arbitrary measures validated by Hitler’s authority.

--Mark Mazower, Dark Continent: Europe's Twentieth Century (New York: Vintage Books, 2000), 33.

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