National legal thinking

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Völkisch legal thought describes the basic ideas which the National Socialist legislation and the jurisprudence realized and which the legal doctrine described. The most important principles are:

  • the leader shapes and executes the will of the people,
  • the Nordic breed is the highest quality,
  • the German people are masters,
  • inferior races may be destroyed,
  • the individual is subordinate to the people.

Völkisch legal thought prevailed in the entire legal system during the time of National Socialism, in public law, in private law and in criminal law. It was part of the National Socialist worldview, and led straight to the Holocaust.

Fundamental Writings of Volkish Thought

The authentic Nazi teaching is presented in Adolf Hitler's Mein Kampf . In addition, the 25-point program of the NSDAP and the book The Myth of the Twentieth Century by Alfred Rosenberg can be used. Ethnic ideas were spread even before the First World War. During the Weimar Republic, ethnic groups received a tremendous boost. In Hitler's opinion, the theses they represented were sectarian and could not be communicated to the general public. He therefore reformulated ethnic ideas and linked them with ideas of race theory. The National Socialist worldview was a building of ideas with a high degree of consistency and internal coherence, on which practical policy was actually oriented. However, it is not a real worldview because it has failed to link knowledge to a meaningful basic understanding of human existence.

Starting points of the national legal thought

The earth is determined by the battle of the races. The rule over the earth is a challenge cup, which goes to the strongest race. The main political goal is therefore the preservation of the race and the improvement of the race. The highest race is the Aryan race, which, despite centuries of racial mixing, is still most purely embodied in the German people and forms the core of the race there. The German people, as a mixed people, could be improved by means of confinement. According to the Volkish view, the German people are more than a state people in the sense of the three-element doctrine of constitutional law. Rather, it is a biological community that should be closed. Strangers would have to leave the German Volksverband. The biological unity of life is shaped by natural similarities, namely race and life in a delimited space, home. Cultural similarities such as ethnicity, language and shared historical experience are also formative. This knowledge would result from the natural, living conception. The people are the root cause of political events and give state and law a concrete meaning. As a result, the state is no longer an end in itself and the law is developing from abstract norms to national law. The people are led by the same leader. The Führer is the highest state organ, highest legislature, highest judge and highest general of the German people. According to the national law of life, the leader is an expression of the will of the people to maintain and further develop the people. He recognizes, forms and executes the will of the people. As the bearer of the highest sovereignty, he is the sole source of all law. The mission of the Führer is to lead the Nordic race in the German people to world domination. In political matters the Führer is infallible. With these views, National Socialism goes beyond the contemporary fascisms of Italy, Croatia and Romania. According to part of the national legal doctrine, National Socialism with its understanding of constitutional law has reached the top of legal development in the world. In summary, what Aryan people perceive as right is law. The right is an expression of the Aryan blood community and more than a law established for this purpose. Hans Frank, who later became Reich legal leader, formulated the motto as early as 1926: Everything that benefits the people is law; everything that harms him is injustice.

The racial ideology

Species and strangers from Arthur Szyk

The races that fight for world domination also include alien Judaism, although it is an inferior race. Allow a people to intermix with Jews, be it doomed, and if it goes under, this is the restoration of law. According to scientific knowledge in the first half of the 20th century, there were human races with hereditary physical characteristics. However, these features were descriptive and did not allow any evaluation; the use of the term race as a value category was scientifically inadmissible. In the case of Jews, race affiliation could not be proven even according to contemporary criteria. That is why national legislation fell back on religious affiliation: a Jew was considered a person who had a Jewish grandparent. A special race was therefore legally faked. The related peoples included: Dutch, Norwegians, Swedes, English, Danes, Flemings, Estonians, Finns, French, Italians, and at times also Czechs and Poles. The following were considered alien: Jews, Gypsies, Asian and African races, the natives of Australia and the natives of North America.

Transfer of the ethnic racial ideology into legislation

First phase of racial legislation

The anti-Semitic legislation begun in April 1933 eliminated Jews from public life. It was initially directed against members of professions that Hitler attributed to the upper bourgeoisie. In a legal dispute against Erik Charell in 1936, the Reichsgericht generalized that from January 30, 1933 only people of German origin were to be treated as legally fully valid, and that therefore Jews had suffered “civil death”. You would have to resign from all responsible positions in public life. Before the first anti-Semitic law was passed, Jewish notaries in the Berlin Regional Court district were released from their obligation to exercise their office by the President of the Regional Court. He strongly recommended that they stop exercising their office. They were later instructed to hand over their files to the district court president. The basis for the actions of the district court presidents was a decree of the Reich Commissioner for the Prussian Ministry of Justice of April 1, 1933. The first anti-Semitic laws were passed on April 7, 1933; thereafter officials of Jewish descent were to be retired. The officials also included university teachers, judges and prosecutors. The admission of Jewish lawyers to the legal profession could be withdrawn due to a law from the same day. Shortly afterwards, the Jewish patent attorneys lost their professional license. In the same month, the activity of Jewish statutory health insurance physicians ended. In May 1933 the profession of tax advisor was legally recognized for the first time. The Jews were denied general admission. In individual cases, however, Jewish lawyers and notaries could be authorized as agents or advisors. In June 1933, the activities of the Jewish dental dentists and dental technicians ended. Journalists were only allowed to work if they were officially approved as editors. Anyone who was Jewish or married to a Jewish spouse was not admitted. Filmmakers of Jewish descent could not become members of the provisional film chamber. Only members of this chamber were allowed to participate in a film. Otherwise the film could not be shown and those involved could be punished. For the time being, sport and theater were spared.

Second phase of racial legislation

In 1933 the Nuremberg Laws came into force, which summarized the inhumanity in paragraph form. With the Reich Citizenship Law, two different groups of citizens were created: citizens of German or related blood as Reich citizens and foreigners as mere citizens. This finally made Jews citizens of inferior rights. The statutory ordinances issued in this regard, which regulated matters outside of nationality law, were particularly important. An ordinance stipulated when a company was Jewish, that it had to be entered on a special list, and that Jewish companies could be specially identified. The law for the protection of German blood and German honor intervened in the core area of ​​private life. Marriages were no longer permitted between Jews and nationals of German or related blood. Sexual intercourse outside of marriage was a criminal offense.

Third phase of racial legislation

From 1938 Jews were forbidden to run a commercial business or to practice a trade independently, or to run an industrial enterprise. A little later, they were given the option to sell their business and property. They were also no longer allowed to purchase land. The obligation to sell was intended to be forcible caricatures , a raid on Jewish property. From 1937 onwards, landlords were giving notice to their Jewish tenants. From 1939 onwards, a lease with Jews could be terminated within the statutory notice period, regardless of the Tenant Protection Act. The reason for the law was that it was supposed to pave the way for the progressive excretion of Jews from German homes. The evacuated Jewish tenants could be instructed in not yet Aryanized residential buildings of Jewish property owners. The law was the legal basis for ghettoization in Jewish houses.

The holocaust

Details of the "Final Solution"

Hitler did not grant legal authorization for the Holocaust; there was no “law for the final solution of the Jewish question”. However, there were coordinated regulations that made the Holocaust possible and ensured the German Reich's financial advantages:

  • On October 23, 1941, Jews were forbidden from emigrating abroad, which they had previously sponsored, so that no Jew could escape deportation.
  • Jews who were deported were taken into protective custody for this purpose. There was no legal protection against the order of protective custody before the administrative courts.
  • A Jew who was deported lost his German citizenship.
  • A Jew who lost his German citizenship also lost his property to the German Reich.

The genocide of the European Roma

The genocide of the European Roma was not committed by or because of any published law. In a circular, Heinrich Himmler, the Reichsführer SS and chief of the German police, announced that a final solution to the Gypsy question based on race would be tackled. The Reich Criminal Police Office made the final determination as to whether a registered person is a Gypsy based on an expert opinion. Based on an agreement between Himmler and Reich Justice Minister Thierack of December 18, 1942, Gypsies were to be handed over to the Reichsführer SS for extermination by working in a concentration camp. On the basis of a decree by Himmler of December 16, 1942, the Roma families were committed to the Auschwitz concentration camp for murder.

The national constitutional law

There was no völkisch constitution in the form of a single, self-contained constitutional charter that was specially protected against change. The laws that Ernst Rudolf Huber described in his handbook: Constitutional Law of the Greater German Reich as constitutional laws and presented them in their systematic context were called constitution. According to the National Socialist view, the national constitution was an unwritten, living order in which the political community of the German people found its unity and wholeness.

People and leadership

The German people, formed around an Aryan racial nucleus, are uniformly led by a single party, the NSDAP, which represents a political elite. This in turn is led by Adolf Hitler, the Führer. The Führer recognized the will of the people, shaped it freely and independently, expressed it and carried it out. The people, led by the Führer and the NSDAP, command the state. Since leadership and people were fused, the National Socialist form of government was the only truly democratic form in the world , according to the Reich legal leader Hans Frank . Hitler himself thought democracy was madness.

The only one

The individual member of the people, the national comrade, is a follower of the Fuehrer and has the place in the people structure which the Fuehrer or his authorized body assigns him. The national comrade is indeed a member of a master race, but rights are not due to him, but to the people to which he belongs. An individual has no rights for his own sake. The national comrade owed the Führer allegiance, i.e. loyalty and obedience. Some core positions are formed around the followers: the right to enter into an employment relationship, to establish ownership of movable property and land, or to raise a family as part of the obligation to procreate. These rights are not similar to fundamental rights, but are subject to a different decision by the Führer.

Order of the murders

The principle that the individual has no rights for their own sake is clearly expressed in the approval of forced sterilization, especially of women, to prevent hereditary children. The medical officer or the head of an institution for the disabled could apply for sterility. The aim of the forced sterilizations was to eliminate the biologically inferior genetic material. The sterility should bring about a gradual cleansing of the national body and the eradication of pathological genetic makeup. The hereditary health court, which made the decision on sterility, did not have to take the will and concerns of the person concerned into consideration. The German Bundestag described the intended purification of the people's body and the eradication of pathological genetic makeup as a racist delusional idea that offends the inviolable dignity of every person. In 2007 he decided to outlaw the law. Hitler ordered the murders that followed the forced sterilization in an informal and unpublished letter and had the murders carried out undercover.

In administrative law, the principle applied that the administrative judiciary only intervenes if the issue of an administrative act affects the interests of the individual and at the same time disrupts the public order. It does not act only to provide legal protection against infringement of the rights of individuals.

State building

In the structure of the state the principle applied: one people, one empire, one leader. The Länder no longer had their own powers since 1934, the municipalities since 1935. The Führer state became a central state. The Führer was the leader of the people, the state and the NSDAP. He was head of state, head of government, supreme lawmaker, supreme judge of the German people, commander in chief of the armed forces and from 1941 also commander in chief of the army. In 1934 Hitler shot 85 National Socialists under the pretext of the Röhm Putsch . The shootings were subsequently legitimized as state emergency services by law of the Reich government. In 1942, Hitler had the Reichstag resolve that he could remove any German from office without following a prescribed procedure. The Weimar constitution was no longer in force on January 30, 1933. This view was represented by the Volkish jurists as well as today's constitutional theory.

National criminal law

The rule of law: “No punishment without a law” has been partly repealed and partly broken with individual laws. It could be sentenced to penalties if the act was similar to a statutory criminal offense or if the criminal law had not yet been enacted when the act was committed. From 1936 there were no longer any legal remedies against administrative acts by the Gestapo, in particular no longer against being sent to a concentration camp. Punitive measures could also be ordered without the involvement of the public prosecutor's offices and courts. From 1943 onwards, criminal acts by Jews were only punished by the police, i.e. by being sent to a concentration camp. Multiple punishments by the judiciary and the police could also take place, mostly by being sent to a concentration camp after serving the sentence. Preventive detention was introduced in 1937 for offenders who had been released from prison and for anti-social and alcoholics who had not committed themselves to criminal offenses. The preventive detainees were sent to concentration camps even after they had served their sentences. From 1939 the Gestapo should immediately impose protective custody for all crimes that are to be regarded as sabotage against unity and the willingness to fight of the German people. The aim was to avoid transferring arrested persons to the investigating judge and to enable them to be sent to a concentration camp immediately. Those arrested were allowed to be executed without a court sentencing them to death. In many cases, Hitler himself ordered the execution, even if he was only aware of the case through a press release. From 1942 onwards, all Jews, Russians, Gypsies and Ukrainians in preventive detention were to be extradited from prison to the SS for extermination through work, according to a decision by the Reich Minister of Justice.

Central execution sites of the judiciary in the German Reich (1944)

Even before the sentence was served, Poles who had been sentenced to more than three years 'imprisonment and Czechs and Germans who had been sentenced to more than eight years' imprisonment were to be extradited to the SS for extermination through work in a concentration camp. If an act was committed willfully, if a serious threat to the conduct of the war was to be blamed, and the regular range of punishments was not sufficient, according to the common sense, the death penalty could be imposed.

With the entry into World War II, Hitler basically no longer tolerated any punishment based on the guilty party. If the best fell on the front, the national community had to cleanse itself of pests by exterminating them. A yardstick for the brutalization of the national criminal law is the high number of death sentences. While before 1933 the death penalty was only provided for three criminal offenses, there were at least 46 offenses in 1943/1944 in which the death penalty was threatened. Between 1933 and 1945 the courts passed over 40,000 death sentences.

National criminal law reform

The national penal regulations were implemented in numerous individual laws and mostly not included in the Reich Criminal Code. From 1933, the Reich Ministry of Justice intended to reform the entire criminal law. The focus was on the protection of ethnic values ​​such as the national community, the state, race, hereditary health and national honor. In 1936, an official criminal law commission submitted the draft of a new penal code, which was supposed to replace the Reich penal code of 1871. Hitler refused to pass the draft into law. He did not want any detailed criminal law that was intended to be conclusive, but wanted to keep a free hand. The basic content of the draft was: What is decisive for the judge is the healthy public sentiment, which is the source of legal knowledge. The facts are intended to give the judge reliable models when determining the healthy people's feeling. The folkish moral doctrine is morality. The healthy public sentiment is the direct administration of criminal justice, which should take place in constant harmony with the will of the Führer. The offenses of the special part of the penal code should set up offender types instead of descriptions of actions, where the vernacular knows such offender types. Types of perpetrators in the vernacular are: traitors, high traitors, traitors, thieves, robbers, fraudsters, pimps and usurers. The injustice should be recognizable in the facts. In the case of abortion, the injustice does not lie in the killing but in the weakening of the reproductive power of the people.

National legal thinking in civil law

National law was introduced into civil law through individual laws. The focus was on anti-Semitic legislation, which brought the Jews civil death as early as 1933. The Jews could no longer conclude many civil law contracts because they were no longer permitted to work in many professions. From 1937 onwards, landlords were giving notice to their Jewish tenants. Terminations were not permitted under the Tenant Protection Act, which was not changed after the seizure of power. Contrary to the wording of this law, court rulings allowed terminations because any community relationship with Jews had to be ended as quickly as possible. In 1939, tenant protection for Jews was abolished by law. In inheritance law, a will or an inheritance contract should be void if it violates the considerations that a responsible testator has to take towards the family and the national community in a grossly contradicting way. In marriage law the new grounds for divorce, denial of procreation and premature infertility were created. These regulations were repealed by a Control Council Act as National Socialist ideas and replaced by a separate marriage law of the Allied Control Council.

The Civil Code as a codification of civil law was adopted and re-legitimized by the National Socialist state, with the exception of the outsourced matters that were newly regulated with ethnic content. In its 25-point program of 1920, the NSDAP already called for the abolition of the civil code based on Roman law and the introduction of German common law. That is why the Academy for German Law began drafting a People's Code . His first book, “Der Volksgenosse”, was published in late 1942. The People's Code was preceded by the “principles of völkisch community life”. The most important were:

  • German blood, German honor and hereditary health are to be kept pure and preserved.
  • Marriage is the basis of völkisch community life and serves the higher goal of preserving and increasing species and race.
  • It is the first duty of a national comrade to use his energies fully for the national community.
  • Ownership of German soil as the source of blood and strength for the national community creates increased obligations on the landowner for proper management and use.
  • The exercise of rights must be based on good faith and the recognized principles of ethnic community life.
  • The judge speaks law according to free knowledge drawn from the entire state of affairs and according to the legal interpretation borne by the National Socialist worldview.

The draft remained incomplete. The Academy for German Law , which was involved in the draft, was shut down in 1944 and work on the People's Code ceased.

National legal thinking in international law

The völkisch view of international law denies the central principle of the sovereign equality of states. Nations are not equal, and neither are the states they have formed. According to the National Socialist view, the right of states is to be explained on the basis of their political, ethnic and racial basis. This is where the National Socialist legal concept differs from Italian fascism. It is therefore not based on the territorial state and its state people, which can consist of different races and peoples. The term state people is a Jewish term. Jews would have to insist on the concept of the state people because they themselves are not a racially valuable people and could only form a state with a state people of racially inferior citizens. The territorial state of conventional international law is a mathematically neutral, empty concept of space, because Jews have no connection to the ancestral soil. Great Britain, of course, agrees with the Jewish definition of the territorial state because it is useful for securing the traffic routes of the British colonial empire. France represented it because it served its continental supremacy in Europe. In 1937 Hitler expressed the opinion that the question of space had to be resolved for the German people and that the German Reich had to annex Austria and Czechoslovakia. The incorporation is necessary to stop the decline in Germanness in both countries. In addition, this would improve Germany's military and political situation if it had to take action against France. The German people represent a racial core that is so closed in itself that it has the right to a larger living space.

The "order of the greater area"

By decree of the Führer and Reich Chancellor of March 16, 1939, a unilateral act of constitutional law, Bohemia and Moravia were incorporated into the German Reich. Two weeks later, Carl Schmitt declared that every empire had its large area in which his political ideas could radiate and which should not be exposed to foreign interventions. In a large-scale order, the ruling people grant the ruled peoples a graduated level of autonomy. The leading people orientate themselves towards a constructive justice and establish an order of appropriateness. In the greater area, however, there would be no sovereignty, no independence and no territorial integrity for the ruled peoples. The greater area offers the advantage that it can steer and control trade and thus ensure a crisis-proof and blockade-free economy. The sovereign constitutional states only allowed private trade, colonialism and imperialism and only served British and American world domination. It was later emphasized that the concept of open space is not just a principle in and of itself, but also presupposes the validity of völkisch life principles. The hierarchical-vertical order had to be racial, because a real continental large-scale order relies on a national structure. The notion of international law based on a different valuation of races and peoples is today considered perverted.

National law and natural law

The national or blood community is at the center of the national natural law thinking. The national natural law is the natural law of the community and a natural law of blood and soil, and not the natural law of a society. That is why natural law demands the people and race state, in which the whole nationality but not the alien are united. The basic assumption that there is a natural law that is superior to the law and that stems from human nature was widespread worldwide before and after the Third Reich. The völkisch legal literature tied in with long-lasting ideas of natural law and made use of it to popularize völkisch legal thought. National natural law cannot be reconciled with the rationalistic natural law of the Enlightenment. The spiritual foundations of the natural law of the Enlightenment are the equality of all before the law, inalienable human rights, unrestricted popular sovereignty, and the right of the people to elect a new government. A document of rationalistic natural law is, for example, the American Declaration of Independence of July 4, 1776, according to which all people are endowed with inalienable rights by their Creator, and not just a people and a race.

literature

  • Klaus Anderbrügge: Völkisch legal thought. On legal doctrine in the time of National Socialism. Berlin 1978.
  • Gisela Bock: Forced sterilizations under National Socialism. Opladen 1986; Reprint Berlin 2009.
  • Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, p. 390 ff.
  • Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23–56.
  • Joachim Fest: Hitler. Frankfurt u. a. 1973.
  • Werner Frotscher / Bodo Pieroth: Constitutional history. 14th edition, Munich 2015.
  • Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200.
  • Lothar Gruchmann: National Socialist Greater Area Regulations. The construction of a German Monroe doctrine. Stuttgart 1962.
  • Walter Hempfer: The National Socialist State Conception in the Jurisprudence of the Prussian Higher Administrative Court. Berlin 1974.
  • Jürgen Herrlein: The "de-Judaization" of the rental housing stock during National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, p. 17 ff.
  • Ernst Rudolf Huber: Constitutional law of the Greater German Reich. 2nd edition, Hamburg 1939.
  • Adolf Laufs: Legal developments in Germany. 6th edition, Berlin 2006.
  • Wolfgang Michalka: The Third Reich in: Martin Vogt (Hrsg.) German history. 3rd edition, Berlin 2006, p. 694 ff.
  • Henry Picker: Hitler's table talks at the Fuehrer's headquarters. Berlin 1977.
  • Reinhard Rürup (Ed.): Topography of Terror. 9th edition, Berlin 1993.
  • Susanne Schott: Curt Rothenberger: A political biography. Dissertation. Hall 2001.
  • Werner Schubert (Ed.): Academy for German Law, 1933-1945, minutes of the committees. Volume 3 I. People's Code: Partial drafts, work reports and other materials. Berlin u. a. 1988.
  • Klaus Stern: The constitutional law of the Federal Republic of Germany. Volume V: The historical foundations of German constitutional law. Munich 2000.
  • Gustav Adolf Walz: international legal order and national socialism. Munich 1942.
  • Gerhard Werle : Judicial criminal law and police fight against crime in the Third Reich. Berlin 1989.
  • Karl-Heinz Ziegler: History of International Law. 1st edition Munich 1994.

Individual evidence

  1. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 15.
  2. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism . Berlin 1978, p. 85.
  3. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 69.
  4. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, pp. 71, 79.
  5. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 23.
  6. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 318.
  7. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 23.
  8. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 13.
  9. ^ Henry Picker: Hitler's table talks in the Führer Headquarters. Berlin 1977, p. 387.
  10. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 83.
  11. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 83.
  12. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, pp. 76, 77.
  13. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, pp. 77, 78 with reference to Ernst Rudolf Huber: Constitutional law of the Greater German Reich. 2nd edition Hamburg 1939, p. 160.
  14. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 61.
  15. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 104 with reference to Ernst Rudolf Huber: Constitutional Law of the Greater German Reich. 2nd edition Hamburg 1939, p. 244.
  16. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 63.
  17. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 62.
  18. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 63.
  19. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200 (179).
  20. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 117 with reference to: Reinhard Höhn: Rechtsgemeinschaft und Volksgemeinschaft. Hamburg 1935, p. 78 f.
  21. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200 (167).
  22. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 84.
  23. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 84.
  24. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 79 f.
  25. ^ First ordinance to the Reich Citizenship Law of November 14, 1935, RGBl. I 1935, p. 1333 and First Ordinance for the Implementation of the Law for the Restoration of the Professional Civil Service of April 11, 1933, RGBl. I, 1933, p. 195.
  26. ^ Ancestral passport of the Reich Association of Registrars of Germany. 31st edition of the Verlag für Standesamtwesen, Berlin.
  27. ↑ Wolfgang Michalka: The Third Reich in: Martin Vogt (Hrsg.) German history. 3rd edition Berlin 2006, p. 716.
  28. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 325 f.
  29. ^ Henry Picker: Hitler's table talks in the Führer Headquarters. Berlin 1977, p. 19.
  30. ↑ Jürgen Herrlein: The “de-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people. Kritische Justiz 2015, pp. 17 ff [22 f.] With reference to Reichsgericht, judgment of June 27, 1936, Az. I 297/35; Legal weekly journal 1936, pp. 2529 - 2531.
  31. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 325 f.
  32. ^ Law for the Restoration of the Professional Civil Service of April 7, 1933, RGBl. I, 1933, p. 175 ff.
  33. ^ Law on admission to the bar of April 7, 1933, RGBl. I, 1933, p. 188.
  34. ^ Law on admission to the office of patent attorney and the legal profession of April 22, 1933, RGBl. I, p. 217 f.
  35. ^ Ordinance on the admission of doctors to work with the health insurance funds of April 22, 1933, RGBl. I, 1933, p. 222 f.
  36. ↑ Law on the approval of tax advisors of May 6, 1933, RGBl. I, 1933, pp. 257 f.
  37. ^ Ordinance on the activities of dentists and dental technicians in the health insurance funds of June 2, 1933, RGBl. I, 1933, p. 350 f.
  38. ↑ Editor's Act of October 4, 1933, RGBl. I, 1933 p. 713 ff.
  39. ^ Law on the establishment of a provisional film chamber of July 14, 1933, RGBl. I, 1933, p. 483 ff.
  40. ↑ Wolfgang Michalka: The Third Reich in: Martin Vogt (Hrsg.) German history. 3rd edition Berlin 2006, p. 716.
  41. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 324.
  42. ^ Reich Citizenship Law of September 15, 1935, RGBl. I, 1935, p. 1146.
  43. ↑ Wolfgang Michalka: The Third Reich in: Martin Vogt (Hrsg.) German history. 3rd edition Berlin 2006, p. 716.
  44. ↑ Third ordinance to the Reich Citizenship Act of June 14, 1938, RGBl. I, 1938, p. 627 f.
  45. ↑ Wolfgang Michalka: The Third Reich in: Martin Vogt (Hrsg.) German history. 3rd edition Berlin 2006, p. 717.
  46. ↑ Law for the Protection of German Blood and German Honor of September 15, 1935, RGBl. I, 1935, p. 1146.
  47. ^ Ordinance on the elimination of Jews from German economic life of November 12, 1938, RGBl. I 1938, p. 887.
  48. ^ Ordinance on the use of Jewish assets of December 3, 1938, RGBl. I, 1938, p. 1709 ff.
  49. ^ Adolf Laufs: Legal developments in Germany. 6th edition Berlin 2006, p. 405
  50. ↑ Jürgen Herrlein: The “De-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, pp. 17 ff [27].
  51. ↑ Jürgen Herrlein: The “De-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, pp. 17 ff [31].
  52. ↑ Law on tenancy agreements with Jews of April 30, 1939, RGBl. I, 1939, p. 864.
  53. ↑ Jürgen Herrlein: The “De-Judaization” of the rental housing stock during National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, p. 17 ff [31] with reference to Deutsche Justiz 1939, p. 792.
  54. ↑ Jürgen Herrlein: The “De-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, pp. 17 ff [31].
  55. ^ Adolf Laufs: Legal developments in Germany. 6th edition Berlin 2006, p. 405.
  56. ↑ Reinhard Rürup (Ed.): Topography of Terror. 9th edition Berlin 1993, p. 117.
  57. ↑ Klaus Stern: The constitutional law of the Federal Republic of Germany. Volume V: The historical foundations of German constitutional law. Munich 2000, p. 794 f. with reference to Section 7 of the Act on the Secret State Police of February 10, 1936, Prussian Law Collection 1936, p. 21 [22].
  58. ↑ § 1 of the eleventh ordinance on the Reich Citizenship Act of November 25, 1941, RGBl. I, 1941, p. 722 ff.
  59. ↑ § 1 of the eleventh ordinance on the Reich Citizenship Act of November 25, 1941, RGBl. I, 1941, p. 722 ff.
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  63. ↑ Klaus Stern: The constitutional law of the Federal Republic of Germany. Volume V: The historical foundations of German constitutional law. Munich 2000, p. 811.
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  70. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 59.
  71. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 155, with reference to Ernst Rudolf Huber: Constitutional Law of the Greater German Reich. 2nd edition Hamburg 1939, p. 367.
  72. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 130.
  73. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 156 with reference to Karl Larenz: Legal person and subjective right. On the transformation of the basic legal concepts, p. 244 in: Karl Larenz (Ed.): Basic questions of the new jurisprudence. Berlin 1935.
  74. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 156.
  75. ↑ Law for the Prevention of Hereditary Offspring of July 14, 1933, RGBl. I, 1933, p. 529 ff.
  76. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 322.
  77. ↑ Bundestag printed paper 16/3811 of December 13, 2006, p. 2.
  78. ↑ § 3 of the law for the prevention of hereditary offspring of July 14, 1933, RGBl. I, 1933, p. 529 ff.
  79. ↑ Gisela Bock: Forced Sterilization in National Socialism, Opladen 1986; Reprint Berlin 2009, p. 1, footnote 3 with reference to the resolution of the German Bundestag of May 24, 2007, stenographic report of the 100th meeting and motivation for the Bundestag printed paper 16/3811 of December 13, 2006, p. 2.
  80. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 323.
  81. ^ Walter Hempfer: The National Socialist State Conception in the Jurisprudence of the Prussian Higher Administrative Court. Berlin 1974, p. 154.
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  83. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 62.
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  85. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 318 f.
  86. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 338.
  87. ↑ Law amending the Criminal Code of June 28, 1935, RGBl. I 1935, pp. 839-843.
  88. ↑ Law on the imposition and execution of the death penalty of March 29, 1933, RGBl. I, 1933, p. 151.
  89. ↑ Section 7 of the Act on the Secret State Police of February 10, 1936, Prussian Law Gazette 1935, p. 21.
  90. ↑ Thirteenth ordinance to the Reich Citizenship Act of July 1, 1943, RGBl. I, 1943, p. 372.
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  92. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [394 f].
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  96. ^ Susanne Schott: Curt Rothenberger: A political biography. Dissertation. Hall 2001, p. 215, Annex 19.
  97. ^ Fifth ordinance to supplement the special war criminal law ordinance of May 5, 1944, RGBl. I, 1944, p. 115 f.
  98. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [405].
  99. ^ Gerhard Werle : Judicial criminal law and police fight against crime in the Third Reich. Berlin 1989, p. 267 with reference to Wenzeslaus von Gleispach : Development directions in war criminal law in: German criminal law (journal) 1941, p. 1 ff [4].
  100. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich. Quarterly books for contemporary history 1958, pp. 390 ff [397.]
  101. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition, Munich 2015, p. 682.
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  103. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [393].
  104. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [393 f] with reference to Roland Freisler: Thoughts on the technology of developing criminal law and its facts in: Journal for the entire criminal law science, Berlin 1936, p. 504 ff [508].
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  106. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [393 f] with reference to Roland Freisler: Thoughts on the technology of emerging criminal law and its facts in: Journal for the entire criminal law science, Berlin 1936, p. 504 ff [511].
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  108. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [393] with reference to Roland Freisler: Thoughts on the technology of the developing criminal law and its facts in: Journal for the entire criminal law science, Berlin 1936 , P. 504 ff [517].
  109. ↑ Martin Broszat: On the perversion of criminal justice in the Third Reich in: Vierteljahreshefte für Zeitgeschichte 1958, pp. 390 ff [393 f] with reference to Roland Freisler: Thoughts on the technology of developing criminal law and its facts in: Journal for the entire criminal law science, Berlin 1936, p. 504 ff [518].
  110. ^ Reichsgericht, judgment of June 27, 1936, Az. I 297/35, Juristische Wochenschrift 1936, pp. 2529 ff.
  111. ^ Adolf Laufs: Legal developments in Germany. 6th edition Berlin 2006, p. 407.
  112. ↑ Jürgen Herrlein: The “de-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people. Kritische Justiz 2015, p. 17 ff [25 f.] With reference to the Berlin Regional Court, judgment of November 7, 1938, Juristische Wochenschrift 1938, p. 3342.
  113. ↑ Jürgen Herrlein: The “De-Judaization” of the rental housing stock under National Socialism as part of the planned extermination of the Jewish people in: Kritische Justiz 2015, pp. 17 ff [31].
  114. ↑ Law on tenancy agreements with Jews of April 30, 1939, RGBl. I, 1939, p. 864.
  115. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167 - 200 [171] with reference to Section 48 (2) of the law on the establishment of wills and inheritance contracts of July 31, 1938, RGBl. I, 1938, p. 973 ff.
  116. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200 (171) with reference to § 48 of the law to standardize the law of marriage and divorce in Austria and the rest of the Reich of July 6, 1938, RGBl. I, 1938, p. 807 ff.
  117. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200 (171) with reference to Section 53 (1) of the Act to Unify the Law of Marriage and Divorce in Austria and the rest of the Reich of July 6, 1938, RGBl. I, 1938, p. 807 ff.
  118. ↑ Control Council Act No. 16 of February 16, 1946, Official Gazette of the Control Council in Germany 1946, p. 77 ff.
  119. ^ Joachim Gernhuber: The national law. A contribution to the legal theory of National Socialism in: Otto Bachof (Ed.): Tübinger Festschrift for Eduard Kern. Tübingen 1968, pp. 167-200 (191) with reference to Hans Franzen: Law and Judges. A demarcation according to the principles of the National Socialist state. Hamburg 1935, p. 14 ff.
  120. ↑ Werner Schubert (Ed.): Academy for German Law, 1933-1945, minutes of the committees , Volume 3 I: People's Code: partial drafts, work reports and other materials. Berlin u. a. 1988, p. 45.
  121. ^ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [36, 40].
  122. ↑ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [37].
  123. ↑ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [45].
  124. ↑ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [45] with reference to Carl Schmitt: Faschistische und Nationalozialistische Rechtswissenschaft in Deutsche Juristoreitung 1936, p. 620.
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  126. ^ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [33].
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  129. ↑ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [29].
  130. ↑ Joachim Fest: Hitler. Frankfurt u. a. 1973, p. 743 with reference to the Hoßbach transcript of November 10, 1937 about the meeting in the Reich Chancellery on November 5, 1937.
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  135. ↑ Dan Diner: Rassistisches Völkerrecht in: Vierteljahreshefte für Zeitgeschichte, Munich 1983, pp. 23 - 56 [55] with reference to Günter Küchenhoff: Großraumgedanke und völkische idee im Recht in: Zeitschrift für Fremdliches Rechts und Völkerrecht 1944, p. 34 - 82 [61]
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  137. ^ Karl-Heinz Ziegler: History of International Law. 1st edition Munich 1994, p. 262.
  138. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 190.
  139. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 196
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  141. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 184.
  142. ↑ Klaus Anderbrügge: Völkisch legal thinking. On legal doctrine in the time of National Socialism. Berlin 1978, p. 199.
  143. ^ Adolf Laufs: Legal developments in Germany. 6th edition Berlin 2006, pp. 403, 431.
  144. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 11, marginal number 24.
  145. ↑ Werner Frotscher / Bodo Pieroth: Constitutional History . 14th edition Munich 2015, p. 11, marginal number 23.