The Legal History of the Dual State

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
National Socialism ◽  
Legal History ◽  
Critical Examination ◽  
Historical Period ◽  
National Socialist ◽  
National Socialist State ◽  
German Ideology ◽  
The Social ◽  
History Of ◽  
Objective View

This chapter aims to take an objective view of the appeal of National-Socialism. However, it is argued, people who had an ambivalent attitude toward National-Socialism suffered from two principal misconceptions. Firstly, the German ideology of Gemeinschaft (community) is just a mask hiding the still existing capitalist structure of society. Secondly, this ideological mask equally hides the existence of the prerogative state operating by arbitrary means. Any critical examination which attempts to reveal the social structure of the National-Socialist state, it is stated, must discover whether or not the essential criteria of the dual state have appeared in any earlier historical period. The chapter, therefore, looks in detail at the history of the dual state in Prussia and Germany as a whole.

scholarly journals Exploring the Discursive Construction of Obedience: An Analysis of Application Letters for the Position of Executioner in Hitler’s Germany

2021 ◽  
Author(s):  
Daniel Leisser ◽  
Katie Bray ◽  
Anaruth Hernández ◽  
Doha Nasr
Keyword(s):  
Qualitative Analysis ◽  
Legal History ◽  
Empirical Investigation ◽  
Corpus Analysis ◽  
Discursive Construction ◽  
National Socialist ◽  
Discursive Strategies ◽  
National Socialist State ◽  
Interdisciplinary Framework ◽  
Research Questions

AbstractThis article presents an empirical investigation into the construction of obedience in letters of applications mailed to National Socialist authorities for the position of executioner between the years 1933 and 1945. To this end, a corpus of 178 letters of application was compiled, annotated, and analyzed using the corpus analysis toolkits Antconc and Lancsbox. A quantitative and qualitative analysis of the corpus was conducted. The findings were related to and interpreted from the perspectives of applied legal linguistics, stylistics, and legal history. The project aims to explore the construction of a shared discourse of obedience and how this discourse is operative in the letters of application. Drawing on an explorative interdisciplinary framework, this project seeks to answer the following research questions: Is obedience a construct in applicants’ letters of motivation? Which linguistic devices and discursive strategies are used by the executioners to express submission to officials of the National Socialist state? Are there variants of the construction of submission by applicants?

scholarly journals Effects of German Romanticism on National Socialist Education Policies: “Steely Romanticism”

2020 ◽  
Vol 9 (1) ◽  
pp. 69
Author(s):  
Murad Karasoy
Keyword(s):  
National Socialism ◽  
Educational Institutions ◽  
German Romanticism ◽  
Education Students ◽  
Education Policies ◽  
National Socialist ◽  
The Press ◽  
History Of ◽  
Intellectual Foundations ◽  
The 19Th Century

National socialist education policies put into practice between 1933–1945 in Germany, has been under the influence of romanticism, which is one of the important currents in the history of German thought that began in the middle of the 19th century. Such “being under the influence” does not refer to a passive situation, but it rather means intentional “exposure” by Nazi ideologues. The meeting of Romanticism with National Socialism led to the most dramatic scenes of the history. Educational institutions, where the victims of war were trained, bipartitely fulfilled the task assigned to them regarding to ideological instrumentalism: to destroy and to be destroyed. Putting an end to both their lives own and the lives of others due to this romantic exposure, primary, secondary and higher education students have been the objects of the great catastrophe in the first half of the twentieth century. It will be possible to see the effects of German romanticism, through getting to the bottom of the intellectual foundations of the period’s tragic actions, such as burning books, redesigning the curriculum on the line of National Socialism, and preventing the dissemination of dissenting opinions by monopolizing the press. This historical research, which is conducted by examining sources like Arendt (1973), Fest (1973), Giles (1985), Bartoletti (2005), Herf (1998), Heidegger (2002), Hitler (1938), Huch (2005), Hühnerfeld (1961), Schirach (1967), Pöggeler (2002), Thomese (1923), Zimmerman (1990) aims to reveal in a scientific way that it is necessary to be careful against the extreme romantic elements in the practices of education.

scholarly journals Book Review : Sejarah Organisasi Perempuan Indonesia (1928-1998) (History of Indonesian Women's Organizations (1928-1998))

2021 ◽  
Author(s):  
Fenti Nur Azizah ◽  
Moses Glorino Rumambo Pandin
Keyword(s):  
Millennial Generation ◽  
Women's Movement ◽  
Book History ◽  
Women's Organizations ◽  
Historical Period ◽  
The Social ◽  
History Of ◽  
The Times ◽  
Women’S Organizations

The book "The History of Indonesian Women's Organizations (1928-1998)" has the aim of showing how the social and political history of the Indonesian women's movement, as time has gone by, the times have been punctured by the times. Apart from that, this book also shows the various issues that were raised, debated, and fought for in different historical contexts and the actors who played a role in the Indonesian women's movement. By showing these two things, readers can have a broad understanding of the Indonesian women's movement.This book is intended for the millennial generation so that they know how the Indonesian women's movement is. Why is that? Because this book deliberately took a very long period of time, namely in the span of seventy years (1928-1998). So that readers, especially the millennial generation, can imagine what happened at that time.History writing about the Indonesian women's movement has been done by many scientists, but in the book "History of Indonesian Women's Organization (1928-1998)" has a difference, namely using detailed references to reliable sources and coverage of a very long historical period. In addition, this book provides information on how the priority of the issues under debate reflected the political context in different historical periods.This book needs to be reviewed because the content in the book is very interesting so that it can be dissected in depth. The author of the book has been doing research for at least the last ten years, it is also interesting why you need to review the book because the author made this book with a long struggle.

Person and ethics of a psychiatrist during National Socialism: Friedrich Meggendorfer (1880–1953)

2019 ◽  
Vol 31 (1) ◽  
pp. 93-104 ◽  
Author(s):  
Birgit Braun
Keyword(s):  
Scientific Knowledge ◽  
National Socialism ◽  
Positive Reinforcement ◽  
Career Choices ◽  
Ethical Aspects ◽  
National Socialist ◽  
Biographical Data ◽  
Future Studies ◽  
History Of ◽  
Archive Material

Evaluation of sources not previously considered makes it possible to describe Friedrich Meggendorfer’s role as a National Socialist university psychiatrist. Relevant archive material and literature were both assessed. The gene–hygiene affinity promulgated by Meggendorfer was based on his own scientific interests, early academic influences, and also positive reinforcement from his career choices. His application of scientific knowledge in the legitimization of National Socialist jurisdiction reflects a dark facet in Meggendorfer’s life. One can also criticize his ethics in failing to use his eugenics expertise to stop ‘euthanasia’. Future studies into the history of the ethical aspects of Nazi psychiatry should benefit from the setting up of criteria for the collection of biographical data. This would render comparisons and contrasts fairer and more stable.

Ägyptologen im Dritten Reich: Biographische Notizen anhand der sogenannten „Steindorff-Liste“

2012 ◽  
Vol 5 (1-2) ◽  
pp. 120-247 ◽  
Author(s):  
Thomas Schneider
Keyword(s):  
National Socialism ◽  
Third Reich ◽  
Second World War ◽  
National Socialist ◽  
The Third ◽  
History Of ◽  
The Third Reich ◽  
John Wilson ◽  
The Impact ◽  
Second World

Abstract The history of Egyptology in the Third Reich has never been the subject of academic analysis. This article gives a detailed overview of the biographies of Egyptologists in National Socialist Germany and their later careers after the Second World War. It scrutinizes their attitude towards the ideology of the Third Reich and their involvement in the political and intellectual Gleichschaltung of German Higher Education, as well as the impact National Socialism had on the discourse within the discipline. A letter written in 1946 by Georg Steindorff, one of the emigrated German Egyptologists, to John Wilson, Professor at the Oriental Institute Chicago, which incriminated former colleagues and exonerated others, is first published here and used as a framework for the debate.

scholarly journals Stolen wealth, perpetrators and punishments in Moldova (17th century – early 18th century)

2020 ◽  
Vol 26 ◽  
pp. 105-129
Author(s):  
Cătălina Chelcu
Keyword(s):  
Justice System ◽  
18Th Century ◽  
17Th Century ◽  
Historical Period ◽  
Social Categories ◽  
Documentary Sources ◽  
The Social ◽  
History Of ◽  
Blood Money ◽  
Early 18Th Century

For the historical period we refer to, no proper inventories have been made containing the unjustly appropriated goods. They are just mentioned as such or listed, if that was the case, according to the size of the damage. There are also documentary sources in which the object of the theft is less represented, the justice system focusing in those cases rather on the wrongdoers, than on the wrong actions. That is why, the blood money “paid for some reason”, with no other specific details, is quite frequently cited. Rare or frequent, these documents are complaints addressed by the victim to the Prince and his officials, documents in which the perpetrators admitted their fault, or deeds issued by the judicial authority subsequent to the investigation of the criminal act. In discussing the theft of/from the wealth, i.e. from the whole amount of the available goods, we are interested in clarifying some aspects pertaining to a reality that the historian should reconstruct, with all the complexity of its evolution: the motivations of the theft and its circumstances, the types of theft, the social categories involved, the time and space of the misdemeanour, the perpetrators’ punishment. Briefly, the study is about starting to write a history of the reprehensible acts liable to punishments for theft and robbery in 17th and early 18th century Moldavia.

scholarly journals Víctor Tau Anzoátegui na historiografia jurídica “indiana” (hispano-colonial)

2016 ◽  
Vol 1 (34) ◽  
Author(s):  
Ezequiel Abásolo
Keyword(s):  
Legal History ◽  
The Self ◽  
Critical Examination ◽  
Spanish American ◽  
Academic Interest ◽  
Colonial Era ◽  
Spanish Colonial ◽  
History Of ◽  
Key Aspects

Víctor Tau Anzoátegui in the "Indian” Legal Historiography (Spanish-colonial era)  Ezequiel Abásolo ResumoNesse texto se busca compartilhar um exame panorâmico e crítico a respeito do que as ideias e as contribuições de Víctor Tau Anzoátegui implicam para a historiografia jurídica “indiana” (hispano-colonial), tentando delinear os aspectos centrais de seu pensamento historiográfico, enquanto prestigioso Mestre, cujos estudos suscitaram na América e na Europa, e desde já por décadas, a atenção de seus colegas, junto com muitos outros interessados em recriar o passado hispano-americano. Com isso, busca-se elucidar as linhas de seus critérios histórico-jurídicos ao perseguir um objetivo bem concreto: ajudar a cobrir, ainda que parcialmente, o déficit autorreflexivo que aflige à história jurídica “indiana”, disciplina que, a despeito de sua relativa debilidade teórica, suscita em nossos dias um significativo interesse acadêmico, como que se nutrindo, de forma constante e sustentada, de um formidável e variado contingente de aportes monográficos. Palavras-chave: Víctor Tau Anzoátegui. Historiografia jurídica “indiana”. História hispano-colonial. AbstractThis paper aims to share a panoramic and critical examination about what the ideas and contributions of Víctor Tau Anzoátegui imply to the "Indian" Legal Historiography (Spanish-colonial), trying to outline the key aspects of his historiographical thought, being a prestigious Master whose studies raised in America and Europe, for decades already, the attention of his colleagues, along with many others interested in recreating the Spanish American past. Thus, it seeks to clarify the lines of his historical and legal criteria to pursue a very concrete goal: to help cover, even if partially, the self-reflexive deficit afflicting the "Indian " Legal History, a discipline that, despite its relative theoretical weakness, raises today a significant academic interest, for it is nurturing by, with a constant and sustained manner, a formidable and varied contingent of monographic contributions. Keywords: Víctor Tau Anzoátegui. "Indian" Legal Historiography. History of Spanish-colonial era. 

Revisiting the Arthurs Report Twenty Years Later

2003 ◽  
Vol 18 (1) ◽  
pp. 33-44 ◽  
Author(s):  
Constance Backhouse
Keyword(s):  
Legal History ◽  
Law School ◽  
Faculty Members ◽  
Advisory Panel ◽  
Social Sciences And Humanities ◽  
The Social ◽  
Seminar Room ◽  
History Of ◽  
The University ◽  
Consultative Group

Harry Arthurs' Law & Learning report, conceived by the Social Sciences and Humanities Research Council of Canada and carried to fruition in 1983 by a ten-person Consultative Group and a twenty-three person Advisory Panel, was a formative document in the history of Canadian legal education. My recollection of the release of the report is probably intensified because of the circumstances in which I experienced it the following year - a seminar room filled with cranky faculty members at the Faculty of Law at the University of Western Ontario, as stony terrain as any venue one might have imagined for the reception of such a report. I was then a relatively junior untenured professor, hoping to build a scholarly record in the field of feminist legal history, who had unwittingly found myself in a law school in which most faculty were devoted to building its reputation as a professionally conservative, black letter law institution. Into such a milieu strode my former professor and mentor, Harry Arthurs, whose habit of describing Osgoode Hall Law School as the “best law school in the Commonwealth” had not particularly endeared him to the Western professoriate previously. I felt like a deer in the headlights, and my sense was that Harry Arthurs himself was very ill at ease in a room that exuded defensiveness and hostility, as well as both latent and overt anger.

The Prevailing Disease: Foucault on the Institutional Meaning of Epidemics and Compact Models of Power Relations

2021 ◽  
Vol 31 (1) ◽  
pp. 79-104
Keyword(s):  
Social History ◽  
Urban Space ◽  
Power Relations ◽  
18Th Century ◽  
Historical Analysis ◽  
Historical Period ◽  
The Social ◽  
History Of ◽  
Compact Models ◽  
Complex Relationships

The article focuses on Michel Foucault’s work with the social history of medicine and evaluates its potential for analyzing the political impact of the COVID-19 pandemic. Foucault reveals the bond between quarantine measures in European cities and the gradual perfection of techniques of power. He uses organized anti-epidemic activities applied to leprosy and plague as examples of “compact models” of power relations that he discusses in terms of exclusion and discipline. He reveals complex relationships between the physical body of an individual and what he calls the “social body” of a state. Foucault describes how “health policy” was formed during the second half of 18th century when it drastically changed urban space and became one of the key techniques of government. In Foucault’s lectures published as Security, Territory, Population, he turns to the concept of a “prevailing” or literally “reigning” disease. The countermeasures against the disease enable the development of special techniques applicable to the population in a given historical period. He uses the statistical description of patients suffering from smallpox as an example of how a regime of power and government of the population develops by invoking security and risk assessment. In the concluding section, the author estimates the potential of Foucauldian historical analysis as a tool for anticipating the tendencies inherent in the techniques of power mobilized to combat the COVID-19 pandemic.

Promoting German Automobile Technology and the Automobile Industry: The Motor Hall at the Deutsches Museum, 1933–1945

2013 ◽  
Vol 34 (2) ◽  
pp. 117-139 ◽  
Author(s):  
Bettina Gundler
Keyword(s):  
Automotive Industry ◽  
Automobile Industry ◽  
National Socialism ◽  
Science And Technology ◽  
National Socialist ◽  
History Of ◽  
Large Motor ◽  
Nazi Era ◽  
Deutsches Museum ◽  
Socialist Politics

During the period of National Socialism, the Deutsches Museum in Munich built a large Motor Hall, which became a kind of national motor museum within the largest German museum of science and technology. The project was supported by Hitler and the German automotive industry. The history of this project demonstrates the degree to which the Deutsches Museum could serve the purposes of National Socialist politics of motorisation and the German automobile industry during the Nazi era. The project also exemplifies the institutional and social constellations that led to the museum's collaboration with the NS regime.

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