The Fragility of Law

Author: David Fraser
Publisher: Routledge
ISBN: 1134021801
Format: PDF, Mobi
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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
ISBN: 3662442930
Format: PDF, Docs
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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?

Extreme Speech and Democracy

Author: Ivan Hare
Publisher: Oxford University Press
ISBN: 0199601798
Format: PDF, Docs
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A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. Incontrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This book considers the legal responses of various liberal democracies towards hate speechand other forms of extreme expression, and examines the following questions:What accounts for the marked differences in attitude towards the constitutionality of hate speech regulation?Does hate speech regulation violate the core free speech principle constitutive of democracy?Has the traditional US position on extreme expression justifiably not found favour elsewhere?Do values such as the commitment to equality or dignity legitimately override the right to free speech in some circumstances?With contributions from experts in a range of disciplines, this book offers an in-depth examination of the tensions that arise between democracy's promises.

Jews of the Channel Islands and the Rule of Law 1940 1945

Author: David Fraser
Publisher:
ISBN: 9781845196783
Format: PDF, ePub, Mobi
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From 1940 to 1945 the Channel Islands were the only part of Britain to fall under German occupation. During that period, local courts continued to function and to apply Island law and lawyers, judges, and government officials in Jersey and Guernsey continued to swear oaths of allegiance to the British Crown. But German anti-Semitic laws and other measures were introduced and became part of the legal system. This book examines the ways in which officials cooperated in the implementation of legal measures against the Islands' Jewish community and their property. Resident Jews were registered by Island authorities and lists of Jewish property were compiled and submitted to the Germans by local lawyers and bureaucrats. Jews were banned from employment and from appearing in public, businesses were “Aryanized,” wireless sets were confiscated because their owners were Jewish, and many residents were deported. Based on a thorough review of Island archival material and previously unknown evidence, this book offers the first jurisprudential and legal analysis of the moral and legal failures of law and lawyers to combat the Holocaust and Nazi legality on British soil.

Daviborshch s Cart

Author: David Fraser
Publisher: U of Nebraska Press
ISBN: 0803234384
Format: PDF, ePub
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In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators. Among these communities, three local men from the villages of Serniki, Israylovka, and Gnivan were intimately implicated in such killing operations: Ivan Polyukhovich, a forester in the German-controlled administration; Heinrich Wagner, aVolksdeutscherliaison officer; and Mikolay Berezowsky, a member of the local police force. More than fifty years later, these three men were arrested and brought to trial in Australia for their alleged war crimes. Daviborshch's Cartis more than an account of Holocaust perpetrators who found a safe haven in postwar Australia. It is also the story of the Holocaust in the Ukraine, the War Crimes Act, Nazi policies, and the ways in which future generations translate history into law, archives into proof, and law into justice. Based on a review of previously unexamined historical and legal documents and transcripts,Daviborshch's Cartoffers the first critical examination of Australian attempts to bring alleged Nazi criminals to justice.

Annual Report

Author: University of London. Institute of Advanced Legal Studies
Publisher:
ISBN:
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Law After Auschwitz

Author: David Fraser
Publisher:
ISBN:
Format: PDF, Docs
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The idea of Nazi law is, for many lawyers, an oxymoron. Today, law under the National Socialist regime continues to be portrayed and understood as the ultimate perversion of legality and the Holocaust as the inevitable result of the collapse of the rule of law. This book offers important insights into the ways in which our understanding of the Holocaust and of the law have been built upon mutually reinforcing but erroneous constructions of the two. Fraser argues that the Holocaust is best understood, or at least studied, not as a point of lawless, criminal disjuncture with law, but as offering remarkable points of commonality and continuity with the law, with legality as understood at the time, and with law as we understand and practice it today.Law After Auschwitz studies law and lawyers under Nazi rule, the jurisprudence of Nazi law, and the reception of Nazi law by contemporary legal scholarship. It offers detailed analyses of the ways in which the Holocaust has been constructed in post-war trials. This book raises fundamental questions about legality and ethics in the 21st century. If the Holocaust took place in a “legal” framework, and if the legal system today operates in part in a continuous fashion with Nazi legality, then law must be understood as still operating in the shadow of Auschwitz. Throughout the book, the consequences of a legal system which operates in a state of willful amnesia about its own implication in the Shoah, is the central focus.

Fascism and Criminal Law

Author: Stephen Skinner
Publisher: Bloomsbury Publishing
ISBN: 1782255478
Format: PDF, Mobi
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Fascism was one of the twentieth century's principal political forces, and one of the most violent and problematic. Brutal, repressive and in some cases totalitarian, the fascist and authoritarian regimes of the early twentieth century, in Europe and beyond, sought to create revolutionary new orders that crushed their opponents. A central component of such regimes' exertion of control was criminal law, a focal point and key instrument of State punitive and repressive power. This collection brings together a range of original essays by international experts in the field to explore questions of criminal law under Italian Fascism and other similar regimes, including Franco's Spain, Vargas's Brazil and interwar Romania and Japan. Addressing issues of substantive criminal law, criminology and ideology, the form and function of criminal justice institutions, and the role and perception of criminal law in processes of transition, the collection casts new light on fascism's criminal legal history and related questions of theoretical interpretation and historiography. At the heart of the collection is the problematic issue of continuity and similarity among fascist systems and preceding, contemporaneous and subsequent legal orders, an issue that goes to the heart of fascist regimes' historical identity and the complex relationship between them and the legal orders constructed in their aftermath. The collection thus makes an innovative contribution both to the comparative understanding of fascism, and to critical engagement with the foundations and modalities of criminal law across systems.