Law in West German Democracy

Law in West German Democracy
Author: Hugh Ridley
Publisher: BRILL
Total Pages: 342
Release: 2019-10-01
Genre: History
ISBN: 9004414479

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950

Democracy, Nazi Trials, and Transitional Justice in Germany, 1945–1950
Author: Devin O. Pendas
Publisher: Cambridge University Press
Total Pages: 235
Release: 2020-09-24
Genre: History
ISBN: 1108915957

Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.

Germany and 'The West'

Germany and 'The West'
Author: Riccardo Bavaj
Publisher: Berghahn Books
Total Pages: 328
Release: 2017-06
Genre: History
ISBN: 1785335049

“The West” is a central idea in German public discourse, yet historians know surprisingly little about the evolution of the concept. Contrary to common assumptions, this volume argues that the German concept of the West was not born in the twentieth century, but can be traced from a much earlier time. In the nineteenth century, “the West” became associated with notions of progress, liberty, civilization, and modernity. It signified the future through the opposition to antonyms such as “Russia” and “the East,” and was deployed as a tool for forging German identities. Examining the shifting meanings, political uses, and transnational circulations of the idea of “the West” sheds new light on German intellectual history from the post-Napoleonic era to the Cold War.

Militant Democracy

Militant Democracy
Author: András Sajó
Publisher: Eleven International Publishing
Total Pages: 271
Release: 2004
Genre: Civil rights
ISBN: 9077596046

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Weimar Century

The Weimar Century
Author: Udi Greenberg
Publisher: Princeton University Press
Total Pages: 288
Release: 2016-09-13
Genre: History
ISBN: 0691173826

How ideas, individuals, and political traditions from Weimar Germany molded the global postwar order The Weimar Century reveals the origins of two dramatic events: Germany's post–World War II transformation from a racist dictatorship to a liberal democracy, and the ideological genesis of the Cold War. Blending intellectual, political, and international histories, Udi Greenberg shows that the foundations of Germany’s reconstruction lay in the country’s first democratic experiment, the Weimar Republic (1918–33). He traces the paths of five crucial German émigrés who participated in Weimar’s intense political debates, spent the Nazi era in the United States, and then rebuilt Europe after a devastating war. Examining the unexpected stories of these diverse individuals—Protestant political thinker Carl J. Friedrich, Socialist theorist Ernst Fraenkel, Catholic publicist Waldemar Gurian, liberal lawyer Karl Loewenstein, and international relations theorist Hans Morgenthau—Greenberg uncovers the intellectual and political forces that forged Germany’s democracy after dictatorship, war, and occupation. In restructuring German thought and politics, these émigrés also shaped the currents of the early Cold War. Having borne witness to Weimar’s political clashes and violent upheavals, they called on democratic regimes to permanently mobilize their citizens and resources in global struggle against their Communist enemies. In the process, they gained entry to the highest levels of American power, serving as top-level advisors to American occupation authorities in Germany and Korea, consultants for the State Department in Latin America, and leaders in universities and philanthropic foundations across Europe and the United States. Their ideas became integral to American global hegemony. From interwar Germany to the dawn of the American century, The Weimar Century sheds light on the crucial ideas, individuals, and politics that made the trans-Atlantic postwar order.

A Demon-Haunted Land

A Demon-Haunted Land
Author: Monica Black
Publisher: Metropolitan Books
Total Pages: 203
Release: 2020-11-17
Genre: History
ISBN: 1250225663

“A Demon-Haunted Land is absorbing, gripping, and utterly fascinating... Beautifully written, without even a hint of jargon or pretension, it casts a significant and unexpected new light on the early phase of the Federal Republic of Germany’s history. Black’s analysis of the copious, largely unknown archival sources on which the book is based is unfailingly subtle and intelligent.” —Richard J. Evans, The New Republic In the aftermath of World War II, a succession of mass supernatural events swept through war-torn Germany. A messianic faith healer rose to extraordinary fame, prayer groups performed exorcisms, and enormous crowds traveled to witness apparitions of the Virgin Mary. Most strikingly, scores of people accused their neighbors of witchcraft, and found themselves in turn hauled into court on charges of defamation, assault, and even murder. What linked these events, in the wake of an annihilationist war and the Holocaust, was a widespread preoccupation with evil. While many histories emphasize Germany’s rapid transition from genocidal dictatorship to liberal democracy, A Demon-Haunted Land places in full view the toxic mistrust, profound bitterness, and spiritual malaise that unfolded alongside the economic miracle. Drawing on previously unpublished archival materials, acclaimed historian Monica Black argues that the surge of supernatural obsessions stemmed from the unspoken guilt and shame of a nation remarkably silent about what was euphemistically called “the most recent past.” This shadow history irrevocably changes our view of postwar Germany, revealing the country’s fraught emotional life, deep moral disquiet, and the cost of trying to bury a horrific legacy.

The Politics of Personal Information

The Politics of Personal Information
Author: Larry Frohman
Publisher: Berghahn Books
Total Pages: 405
Release: 2020-12-09
Genre: History
ISBN: 1789209471

In the 1970s and 1980s West Germany was a pioneer in both the use of the new information technologies for population surveillance and the adoption of privacy protection legislation. During this era of cultural change and political polarization, the expansion, bureaucratization, and computerization of population surveillance disrupted the norms that had governed the exchange and use of personal information in earlier decades and gave rise to a set of distinctly postindustrial social conflicts centered on the use of personal information as a means of social governance in the welfare state. Combining vast archival research with a groundbreaking theoretical analysis, this book gives a definitive account of the politics of personal information in West Germany at the dawn of the information society.

Adenauer's Germany and the Nazi Past

Adenauer's Germany and the Nazi Past
Author: Norbert Frei
Publisher: Columbia University Press
Total Pages: 496
Release: 2002-08-27
Genre: History
ISBN: 0231507909

Of all the aspects of recovery in postwar Germany perhaps none was as critical or as complicated as the matter of dealing with Nazi criminals, and, more broadly, with the Nazi past. While on the international stage German officials spoke with contrition of their nation's burden of guilt, at home questions of responsibility and retribution were not so clear. In this masterful examination of Germany under Adenauer, Norbert Frei shows that, beginning in 1949, the West German government dramatically reversed the denazification policies of the immediate postwar period and initiated a new "Vergangenheitspolitik," or "policy for the past," which has had enormous consequences reaching into the present. Adenauer's Germany and the Nazi Past chronicles how amnesty laws for Nazi officials were passed unanimously and civil servants who had been dismissed in 1945 were reinstated liberally—and how a massive popular outcry led to the release of war criminals who had been condemned by the Allies. These measures and movements represented more than just the rehabilitation of particular individuals. Frei argues that the amnesty process delegitimized the previous political expurgation administered by the Allies and, on a deeper level, served to satisfy the collective psychic needs of a society longing for a clean break with the unparalleled political and moral catastrophe it had undergone in the 1940s. Thus the era of Adenauer devolved into a scandal-ridden period of reintegration at any cost. Frei's work brilliantly and chillingly explores how the collective will of the German people, expressed through mass allegiance to new consensus-oriented democratic parties, cast off responsibility for the horrors of the war and Holocaust, effectively silencing engagement with the enormities of the Nazi past.

Constitutionalism and Democracy

Constitutionalism and Democracy
Author: Richard Bellamy
Publisher: Routledge
Total Pages: 622
Release: 2017-07-05
Genre: History
ISBN: 135157115X

Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.