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German law. At the same time, however, much of the German legal system continued to function in a manner that would have been recognizable to observers before 1933. To be sure, the formal administration of justice grew increasingly dependent on the dictates of a Nazi leadership that was motivated by racist ideology, as well as on the prosecutors, judges, and civil servants who, for one reason or another, accommodated themselves to such political interference. Moreover, important elements of Nazi ideology, most notably its biological racism, were gradually insinuated into the legal code. Many-probably most-Germans who lived through the Nazi years acknowledged the constitutional and legal legitimacy of dictatorial rule and of the racist and repressive laws that extended from it.The simultaneous existence of a traditional legal system (Nazified as it was) with that of an extra-legal system of terror was the focus of an early work of scholarship on the Third Reich, The Dual State, published in 1941 by Ernst Fraenkel, a Jewish refugee lawyer and legal scholar. This structural analysis of the Third Reich remains highly influential in our understanding of Nazi legal practice today. Fraenk

Author

Alan E. Steinweis and Robert D. Rachlin

Publisher

Berghahn Books

Published

2022

Language

EN

ISBN

9781299777828

Subjects

History, Law, Political Science