The 'nazification' and 'denazification' of the Courts in Belgium, Luxembourg and the Netherlands
| Author | : Joeri Nicolaas Maria Elisabeth Michielsen |
| Publisher | : |
| Total Pages | : 418 |
| Release | : 2004 |
| Genre | : Belgium |
| ISBN | : |
The Nazification And Denazification Of The Courts In Belgium Luxembourg And The Netherlands
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Mayoral Collaboration under Nazi Occupation in Belgium, the Netherlands and France, 1938-46
| Author | : Nico Wouters |
| Publisher | : Springer |
| Total Pages | : 360 |
| Release | : 2016-09-26 |
| Genre | : History |
| ISBN | : 3319328417 |
This book explores the role of mayors in navigating the realities of living and governing under Nazi occupation. In Western Europe under Nazi occupation, mayors of villages and cities were forced into strategic cooperation with the occupier. Mayors had to provide good governance, mediate between occupier and populations, maintain personal legitimacy, and build local consensus. However, as national systems underwent authoritarian reform and collaborationists infiltrated administrations, local governments were gradually turned into instruments of Nazi control and repression. Nico Wouters uses rich new archival data to compare the realities of local government in three countries. Looking at topics such as food supply, public order and safety, forced labour, the repression of resistance, the persecution of the Jews and post-war purges, this book redefines our knowledge of collaboration, resistance and accommodation during Nazi occupation.
The Fragility of Law
| Author | : David Fraser |
| Publisher | : Routledge |
| Total Pages | : 301 |
| Release | : 2009-06-16 |
| Genre | : History |
| ISBN | : 113402181X |
The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property. David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic persecutions and ultimately the deaths of thousands of Belgian Jews was Belgian. Based on extensive archival research in Belgium, France, the United States and Israel, The Fragility of Law offers the first detailed exploration in English of this intriguing and virtually unexplored episode of Holocaust history. Belgian legal officials did not hesitate to invoke the provisions of international law found in the Hague Convention and those guarantees of individual freedom found in the national Constitution to oppose the demands of the German Occupying Authority. However, they remained largely silent when anti-Jewish persecution was at stake. Indeed, despite the 2007 official report of expert historians on Belgian state collaboration in the persecution of the country’s Jewish population, the mythology of "passive collaboration" which has dominated Belgian historiography and accounts of the Holocaust in that country, must be radically rethought.
Judges Against Justice
| Author | : Hans Petter Graver |
| Publisher | : Springer |
| Total Pages | : 297 |
| Release | : 2014-09-11 |
| Genre | : Law |
| ISBN | : 3662442930 |
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
National Socialist Family Law
| Author | : Mariken Lenaerts |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 347 |
| Release | : 2014-11-06 |
| Genre | : Law |
| ISBN | : 9004279318 |
In National Socialist Family Law, Mariken Lenaerts analyses the possible influence of National Socialism on marriage and divorce law in Germany and the Netherlands. As the family was regarded the germ-cell of the nation, the Nazis made many changes in German and Dutch marriage and divorce law to suit their purpose of a thousand-year Aryan Reich. By making extensive use of archival resources, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis and proves that although daily marital life in both countries was highly influenced by National Socialism, marriage and divorce law did not become National Socialist. Listen to Lenaerts explaining about her project: https://www.youtube.com/watch?v=TINKR6xKyUQ. In 2013 the book was awarded the Prix Fondation Auschwitz – Jacques Rozenberg.
Ideology and Criminal Law
| Author | : Stephen Skinner |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 513 |
| Release | : 2019-09-05 |
| Genre | : Law |
| ISBN | : 1509910824 |
With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
The Limits of the Legal Complex
| Author | : Malcolm Feeley |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0192848410 |
Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.
Historical Dictionary of the Netherlands
| Author | : Joop W. Koopmans |
| Publisher | : Scarecrow Press |
| Total Pages | : 395 |
| Release | : 2007-05-22 |
| Genre | : History |
| ISBN | : 0810864444 |
The Netherlands, frequently but erroneously called Holland, is one of the most densely populated countries in the world. In the past few decades, it has been undergoing many transformations made possible by its dynamic and fast-moving political landscape. It has shifted from fierce nationalism toward a self-image of tolerance and permissiveness: the national identity and self-consciousness has slowly eroded through decolonization and immigration. Unfortunately, several murders of prominent, controversial politicians have started yet another shift away from tolerance, and economic stagnation has bred pessimism. Nonetheless, despite many trials and tribulations, there has been real progress, and the Dutch have perhaps done a better job of coming to terms with their limitations than many others in the world. The second edition of the Historical Dictionary of the Netherlands contains more than 700 cross-referenced dictionary entries on individual topics spanning the Netherlands' political, economic, and social system along with short biographies on important figures who have shaped the Netherlands' history. Supplementing the entries are a list of acronyms and abbreviations, a chronology, an introduction, appendixes, and a bibliography, making this a superb quick reference on the Netherlands.
Holocaust, Genocide, and the Law
| Author | : Michael J. Bazyler |
| Publisher | : Oxford University Press |
| Total Pages | : 393 |
| Release | : 2017-07 |
| Genre | : History |
| ISBN | : 0190664037 |
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
