Kara Sears
The Nazi regime in Germany from 1933 to 1945 was marked by the introduction of an ideology of biological racism into the country's legal and judicial systems. This shift enabled the Nazis to perform subsequent acts of atrocity, including the Holocaust, with a veneer of legality. To achieve this, the Nazis reworked the normative judicial system, co-opting judges, lawyers, and other civil servants to acclimatize them to new Nazi laws and personnel. While some judges resisted, many were loyal to the regime and willingly transformed liberal German law into an instrument of oppression, discrimination, and genocide. This dynamic raises questions about the appropriate relationship between a government and the judiciary and between ideology and the judiciary.
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What You'll Learn
Judges and the Nazi regime
The Nazi regime sought to control every aspect of German life, and the legal system was no exception. Hitler's rise to power in 1933 saw the German system of justice undergo "coordination", or alignment with Nazi goals. This included the removal of Jewish and socialist judges, lawyers, and other court officers. The Nazis also established their rule within the framework of traditional law, creating new laws and relying on the authority of existing ones.
Hitler's rule was characterised by the Fuhrerprinzip, or the belief that "His word is above all written law". This principle, along with the idea of the authority of the Party over the state, and the influence of race as the fundamental guiding principle of state affairs, formed the basis of the judiciary's transformation. Judges in Nazi Germany were instructed that if there was a conflict between the Nazi Party and the Law, the Party's needs and reasons should always win.
The judiciary lost its independence as it became increasingly controlled by the Nazis. The Nazis also sought to control the law courts, removing the trial by jury to leave decisions about innocence up to judges who were members of the National Socialist League for the Maintenance of the Law. Judges had a lifetime tenure, which meant that the core of German law was largely upheld for a time. However, Hitler removed this tenure, weakening the judiciary and altering its outlook to align with the Nazi-appointed board of officials.
The People's Court (Volksgerichtshof) was created in 1934 for people accused of political crimes, and in 1939, its remit was expanded to include minor offences. The court has been described as committing ""judicial murders", with defendants separated from their lawyers and defence presentations often interrupted.
While the majority of judges were loyal to the Nazi regime, some resisted and opposed the regime's actions. After the war, several prominent Nazi jurists were tried in the Jurists' Trial of the Subsequent Nuremberg Proceedings on charges of ""judicial murder" and other atrocities.
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Judges' role in the Holocaust
The Holocaust was enabled by the German legal system, which deprived Jews of their rights. Judges, lawyers, and legal theorists accepted and, in many cases, promoted Nazi power and race-based injustice. The courts and the legal system in Germany underwent "coordination" (alignment with Nazi goals) after the Nazi rise to power in 1933, similar to most areas of public life. All professional associations involved with the administration of justice were merged into the National Socialist League of German Jurists. Hitler passed antisemitic laws, purging Jewish and Socialist judges, lawyers, and other court officers from their professions. The Academy of German Law and Nazi legal theorists advocated the nazification of German law, cleansing it of "Jewish influence." Judges were guided by "healthy folk sentiment" in their decisions. Hitler established special courts throughout Germany to try politically sensitive cases.
The judiciary lost its independence as it was increasingly controlled by the Nazis. Hitler created the National Socialist League for the Maintenance of Law, which required all judges to join. Hitler and the Nazis removed judges they found undesirable and directed judges to prioritize the Nazi Party over the law. The first step in controlling the law courts was to remove the trial by jury to ensure judges, who were members of the National Socialist League for the Maintenance of Law, decided on innocence. The Nazi regime had loyal judges who willingly transformed liberal German law into an instrument of oppression, discrimination, and genocide. However, not all judges were servants of the regime, and some resisted in their capacity as judges.
The Nazis enacted laws and relied on the authority of those laws. They established their rule within the framework of traditional law. There were three principles held axiomatic for the judiciary: the principle of absolute rule by a leader (the Führer principle), the principle of the authority of the Party over the state, and the influence of race as the fundamental principle guiding state affairs ('racial inequality'). The courts, judges, lawyers, and legal theorists implemented the Nazi plan with vigour.
The People's Court (Volksgerichtshof) was created in 1934 for people accused of political crimes, and all crimes began to be tried in this court from 1938. Roland Freisler, appointed in 1942 as judge and interrogator, was infamous for "berating and belittling" defendants and lawyers. Statutes were "systematically misinterpreted", and the court has been described as committing "'judicial murders".
After the war, prominent Nazi jurists like Curt Rothenberger, Franz Schlegelberger, and Josef Altstoetter were tried in the Jurists' Trial of the Subsequent Nuremberg Proceedings on charges of "judicial murder" and other atrocities.
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Judges' resistance to the Nazi regime
After the Nazi seizure of power in 1933, the German system of justice underwent "coordination" (alignment with Nazi goals). All professional associations involved with the administration of justice were merged into the National Socialist League of German Jurists. In April 1933, Hitler passed one of the earliest antisemitic laws, purging Jewish and Socialist judges, lawyers, and other court officers from their professions. The courts, judges, lawyers, and legal theorists all joined in the Nazi plan and implemented it with vigour.
However, there were some instances of resistance to the Nazi regime by judges. Martin Gauger, a prosecutor at the state court in Wuppertal, Germany, was the only public lawyer to resign his office rather than swear the required oath. In a letter to his brother, he wrote, "I could not swear an unlimited oath of loyalty and obedience to a man who is bound neither by the law nor the traditions of justice."
After the war, prominent Nazi jurists like Curt Rothenberger, Franz Schlegelberger, and Josef Altstoetter were tried in the Jurists' Trial of the Subsequent Nuremberg Proceedings on charges of ""judicial murder" and other atrocities. These men were the embodiment of what passed for justice in the Third Reich.
The People's Court, established in 1934, was described as committing ""judicial murders". It was made up of three judges, and all verdicts were final. The convicted defendant was immediately executed. The court was controlled by Roland Freisler, who was known for his zealous conversion to Nazi ideology and his legal and verbal dexterity. He was the most feared judge in Nazi Germany and the personification of Nazism in domestic law.
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Judges' relationship with the police
During the Nazi regime in Germany from 1933 to 1945, the judiciary lost its independence as it was increasingly controlled by the Nazis. The courts, judges, and lawyers all joined in the Nazi plan and implemented it with vigour. The German system of justice underwent "coordination", which meant aligning with Nazi goals. All professional associations involved with the administration of justice were merged into the National Socialist League of German Jurists.
Hitler passed antisemitic laws, purging Jewish and Socialist judges, lawyers, and other court officers from their professions. The Academy of German Law and Nazi legal theorists advocated the nazification of German law, cleansing it of "Jewish influence". Judges were guided by "healthy folk sentiment" in their decisions. Hitler established special courts throughout Germany to try politically sensitive cases. The People's Court (Volksgerichtshof) was created in 1934 for people accused of political crimes.
The accused in the People's Court were led to the prisoner's dock under armed police escort. The presiding judge would read the charges and call the accused forward for "examination". The accused were often berated during the examination and were not allowed to respond. The defence attorneys were present as a formality and hardly ever spoke. The judge would ask the defendants for a statement, during which more insults and berating comments would be directed at the accused. The verdict, almost always "guilty", would be announced along with the sentence.
The police played a significant role in the Nazi regime, with their power becoming independent of judicial controls. The concept of protective custody allowed the police to arrest real and potential opponents of the regime without judicial review. These prisoners were confined in concentration camps under the exclusive authority of the SS. The normal judicial system coexisted with the arbitrary power of Hitler and the police, creating a dual state.
After World War II, some Nazi jurists were tried in the Subsequent Nuremberg Proceedings on charges of "judicial murder" and other atrocities. However, in 1956, the German Federal High Court of Justice granted the "Judges' Privilege", preventing the prosecution of former People's Court members as their actions were legal under the laws at that time.
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Judges' relationship with the Nazi Party
The judiciary in Nazi Germany was largely subverted by Hitler and the Nazi Party. The Nazis sought to control Germany at every level, and the legal system was no exception. Hitler's rise to power in 1933 saw the German system of justice undergo "coordination" (alignment with Nazi goals). All professional associations involved with the administration of justice were merged into the National Socialist League of German Jurists. Hitler passed antisemitic laws, purging Jewish and Socialist judges, lawyers, and other court officers from their professions. The judiciary lost its independence as it was increasingly controlled by the Nazis.
The Nazis enacted laws and relied on the authority of those laws to accomplish their ideological mission. The courts, judges, lawyers, and legal theorists all joined in the Nazi plan and implemented it with vigour. The fundamental legal principle became Nazi "common sense", "Whatever is good for Germany is legal". The People's Court (Volksgerichtshof) was created in 1934 for people accused of political crimes. The judges who remained after the purge were loyal to the regime and willingly transformed liberal German law into an instrument of oppression, discrimination, and genocide.
However, not all judges were servants of the regime, and some resisted in their capacity as judges. For example, a judge called Lothar Kreyssig argued a legal case against the "Aktion T4" euthanasia programme. He was prevented from practising as a lawyer, and the Gestapo attempted to imprison him. He was eventually forced to retire, although he had some protection from the church.
The Nazis also sought to control the law courts by removing the trial by jury. This was because juries may have returned verdicts that displeased the Nazis, so they left the decisions about innocence up to the judges, who were all members of the National Socialist League for the Maintenance of the Law.
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Frequently asked questions
No, but they were complicit in the regime's atrocities. Hitler's rule was established "within the framework of traditional law", and judges, lawyers, and legal theorists implemented his ideology with vigour.
Judges in Nazi Germany were loyal to Hitler and willingly transformed the liberal German law into an instrument of oppression, discrimination, and genocide. They allowed the regime to fake charges against opponents and have them tried in a court of law. They also enforced over 1,900 "special Jewish laws" that emphasised Aryan morality and antisemitic stereotypes.
Some judges resisted the Nazi regime in their official capacity. For example, a judge called Lothar Kreyssig argued a legal case against the "Aktion T4" euthanasia programme. He was prevented from practising as a lawyer, and the Gestapo attempted to imprison him. He was eventually forced to retire.
