{"title":"Ideology and the Application of Law in SS Courts: A Case Study of Legal Practice in the Third Reich","authors":"Peter Scharff Smith, N. Poulsen, C. Christensen","doi":"10.1017/s0960777323000644","DOIUrl":null,"url":null,"abstract":"This article provides an empirical study of the inner workings of an institution at the ideological heart of the Nazi state, the SS courts, and analyses how they applied SS law in cases involving unlawful sexual conduct, and how they evaluated the racial characteristics of SS men standing trial. The article demonstrates (1) that the SS courts promoted what has been referred to as an ‘unlimited’, radical ideology. However, the analysis will also reveal how the SS courts during the war (2) gradually climbed down from a position of ideological purity when faced with realities at the front; and (3) despite their ideological core features, in several ways operated as a legal-rational bureaucracy. Towards the end of the article, the ramifications of these findings will be discussed in light of literature concerning the role of law and ideology in the Nazi state and the Third Reich's complicated relationship with modernism.","PeriodicalId":46066,"journal":{"name":"Contemporary European History","volume":"135 30","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Contemporary European History","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1017/s0960777323000644","RegionNum":2,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
引用次数: 0
Abstract
This article provides an empirical study of the inner workings of an institution at the ideological heart of the Nazi state, the SS courts, and analyses how they applied SS law in cases involving unlawful sexual conduct, and how they evaluated the racial characteristics of SS men standing trial. The article demonstrates (1) that the SS courts promoted what has been referred to as an ‘unlimited’, radical ideology. However, the analysis will also reveal how the SS courts during the war (2) gradually climbed down from a position of ideological purity when faced with realities at the front; and (3) despite their ideological core features, in several ways operated as a legal-rational bureaucracy. Towards the end of the article, the ramifications of these findings will be discussed in light of literature concerning the role of law and ideology in the Nazi state and the Third Reich's complicated relationship with modernism.
期刊介绍：
Contemporary European History covers the history of Eastern and Western Europe, including the United Kingdom, from 1918 to the present. By combining a wide geographical compass with a relatively short time span, the journal achieves both range and depth in its coverage. It is open to all forms of historical inquiry - including cultural, economic, international, political and social approaches - and welcomes comparative analysis. One issue per year explores a broad theme under the guidance of a guest editor. The journal regularly features contributions from scholars outside the Anglophone community and acts as a channel of communication between European historians throughout the continent and beyond it.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
