Introduction

Author(s):  
Su Li

In this introduction, the author explains the meaning of the term “constitution” in his writings, and why he should so define it and use it. He begins by discussing some constitutions that people in general and even legal specialists believed to be reasonably good, even as they failed to maintain their states when faced with major problems. He cites the Weimar Constitution, which was unable to prevent the rise of the Third Reich and the disaster that befell the German people. The author argues that, even if the Weimar Constitution had allowed for judicial review, it could not have saved Germany. He also considers the features of an effective constitution and whether the constitution of historical China is a constitutional law that can be put into practice. Finally, he examines the historic geoclimatic conditions to which ancient China was responding and the special nature of the constitution it created in response.

Author(s):  
Steven Michael Press

In recognizing more than just hyperbole in their critical studies of National Socialist language, post-war philologists Viktor Klemperer (1946) and Eugen Seidel (1961) credit persuasive words and syntax with the expansion of Hitler's ideology among the German people. This popular explanation is being revisited by contemporary philologists, however, as new historical argument holds the functioning of the Third Reich to be anything but monolithic. An emerging scholarly consensus on the presence of more chaos than coherence in Nazi discourse suggests a new imperative for research. After reviewing the foundational works of Mein Kampf (1925) and Myth of the Twentieth Century (1930), the author confirms Klemperer and Seidel’s claim for linguistic manipulation in the rise of the National Socialist Party. Most importantly, this article provides a detailed explanation of how party leaders employed rhetorical language to promote fascist ideology without an underlying basis of logical argumentation.


1996 ◽  
Vol 29 (3) ◽  
pp. 339-384 ◽  
Author(s):  
John Alexander Williams

In the early 1930s, Dr. Konrad Guenther, a longtime advocate of nature conservation, was exhorting the German people to return to “the soil of the homeland.” In the past, according to Guenther, whenever the German people had been forced to respond vigorously to the pressure of hard times, they had returned to their “natural” roots. He called on the population to learn about the Heimat (homeland) and its natural environment, ‘not only through reason alone, but with the entire soul and personality; for the chords of the German soul are tuned to nature. Let us allow nature to speak, and let us be happy to be German!” The stakes were high, for if the German people failed in this way to unite into a strong, “natural” community, they would become “cultural fertilizer for other nations.” Following the fall of the Weimar Republic and the Nazi seizure of power in 1933, Guenther became one of the most vocal exponents of the notion that conserving nature would aid in the cultural unification and “racial cleansing” of Germany. Indeed, Guenther and his fellow conservationists saw their longstanding dream of a nationwide conservation law at last fulfilled under the Third Reich. The 1935 Reich Conservation Law guaranteed state protection of “the nature of the Heimat in all its manifestations”—if necessary through police measures.


Elements ◽  
2008 ◽  
Vol 6 (1) ◽  
Author(s):  
Alexandra Valdez

Throughout the 1930s, the ascendance of the Nazi regime not only diminished the authority of the Roman Catholic Church in Germany, but alos directly countered fundamental Catholic doctrines. In face of the mounting atrocities of the German government, Pope Pius XI, with the help of Eugenio Pacelli, nuncio to Germany, and German Bishop Michael Faulhaber, in an unprecedented outreach to the entire German faithful, issued the encyclical <em>Mit Brennender Sorge</em>. Appealing particularly to the youth and the laity, the encyclical challenged Germans to use conscience as a final resort in assessing the validity of a religious institution or political movement. In its address to the German people, Mit Brennender Sorge reflected the delicacy of the relationship between the Holy See and the Nazi regime by not referencing any person, party, or organization specifically. Nevertheless, the purpose and the timeliness of the encyclical was lost on few, partially dispelling the widespread belief that the Catholic Church turned a blind eye to the Third Reich.


Author(s):  
Anselm Doering-Manteuffel

Breaking the Law as a Norm: Contours of Ideological Radicalism within the Nazi Dictatorship. This article analyzes the relationship between Nazi legal experts’ efforts to create a canon of constitutional law for the Third Reich and the ideological radicalism characteristic of Hitler and the SS-state. The attempts of legal professionals to establish “völkisch” constitutional law emerged out of the staunch anti-liberalism that had spread throughout Germany since the end of World War I. However, this “völkisch” constitutional law bore no resemblance to rational European legal thought. It not only proved to be ineffective for this reason, but also because the ideological radicalism that reigned supreme in the Third Reich sought to break the law and let lawlessness rule.


1942 ◽  
Vol 4 (4) ◽  
pp. 379-408
Author(s):  
Waldemar Gurian

Are the Germans really behind the Nazi Government? Despite— or because of?—the steadily rising flood of books dealing with the Third Reich this question is answered in most different ways. There is no agreement concerning the relations between the German people and the National Socialist regime. But one's attitude towards the conduct of the war and the post-war problems is, to a large extent, determined by the opinion that one holds about these relations. Therefore, some remarks about the different answers which are given to the question: What are the sources of Hitler's power in Germany? may be of general interest.


1947 ◽  
Vol 9 (1) ◽  
pp. 34-46
Author(s):  
Eugen Kogon ◽  
R. A. Gutman

Something the human mind can hardly grasp took place among the German people during the twelve years of the Third Reich. In that corner of Bavarian-Austrian earth that lies between the rivers Inn and Danube, Hitler's home, the legend of the twelve terrible nights (Rauhnaechte) between Christmas and Epiphany is still alive. The legend tells us that wild hordes ride on horses through the air during these nights, bringing storms, unrest and destruction. The people say that it is dangerous to be outdoors alone, lest one be picked up and carried away into the air and made to join the wild riders above.


2020 ◽  
pp. 61-90
Author(s):  
Michael Geheran

This chapter discusses the Nazi seizure of power from 1933 to 1935. The chapter extends the argument that Jewish veterans used their record of fighting to counter antisemetic attacks into the early years of the Third Reich, demonstrating that Hitler's seizure of power in 1933 did not bring “social death” for the Jewish Frontkampfer. The reign of terror the Nazis unleashed on Jews, Communists, and other groups stood in marked contrast to their failed attempts to marginalize Jewish ex-servicemen, whose record of service in the front lines in World War I enabled them to claim and negotiate a special status in the new Germany. Jewish veterans did not break with their identity as Germans, and continued to demand recognition of their sacrifices from the German public as well as the Nazi Party.


1982 ◽  
Vol 15 (3) ◽  
pp. 241-265 ◽  
Author(s):  
Jill Stephenson

The totalitarian pretensions of the Nazi party's leadership are nowhere better illustrated than in the belief that the entire German people could be “educated” to a sense of service to the Volk, that mythical national community whose sum was allegedly infinitely greater than its parts. Excluded from real power in the state— whatever was claimed about “the unity of party and state”—the party in the Third Reich assumed the role of “spiritual leader” of the community, with the task of reorienting the aspirations of men, women, and children away from the satisfaction of personal desires and ambitions and toward service. Germans were not merely to accept passively the wisdom of the regime's policies, but were positively to channel their concern and their energy into supporting them. In this way, ran the message, they would find deeper satisfaction than in the pursuit of selfish pleasure.


2021 ◽  
Vol 43 (3) ◽  
pp. 465-514
Author(s):  
Tomasz Kruszewski

The subject of this article are basic questions within the range of civil law. They concern the general position of a human and legal people in the sphere of this law on Polish territory, which was incorporated into the Third Reich. The position of individuals, the citizens of II RP, under the occupation of the Third Reich in years 1939–1945, is analysed by the author not from the perspective of literal meaning of regulations of general part of Bürgerliches Gesetzbuch (BGB) from 1896, but from the perspective of their specific interpretation, congruent with strategic and ideological purposes of the Nazi regime. In the article, the following issues are touched upon in turn: 1) personal law in terms of classical civil law contra national-socialist regime; 2) racism towards civil rights of a subjective individual; 3) elimination of the Jews from the legal relationships of civil law; 4) difficulties in the sphere of access to certain professions for Polish people and some restrictions upon personal rights; 5) the dependence of possibilities of exercising the private personal right on the consent to denationalization; 6) ban concerning getting married and the right to motherhood and fatherhood; 7) legislation of sterilisation and euthanasia. The formal changes in the legislation which were in force in the Third Reich — except for personal and family law (as well as legal rules connected with it regarding health protection of offspring), and “peasant law” (Bauernrecht) — were not significant, as is proved by the author. The old legal order was reversed in the Third Reich due to its new interpretation: classical concepts and legal institutions were filled with a different content. After the formal extension of BGB to territories incorporated into the Reich, which followed the decree of 25 September 1941 introducing German civil law, these territories became a field of social-political and racial-nationalist experiments, which in fact had a little in common with the German Civil Code’s regulations. A principle of equal access to private subjective rights was respected only in case of German people, i.a. the part which passively gave up to indoctrination. In relation to Jews, racism spoiled in this case the idea and concept of private subjective rights.


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