Pub Date : 2021-09-01Epub Date: 2021-08-24DOI: 10.1007/s00048-021-00307-6
Vivian Yurdakul
Before 1933 commentaries on laws were exclusively juristic texts, written and read only by legal professionals. Beginning in 1934, scholars from different disciplines, especially medical scientists, began writing juristic commentaries. The essay examines the reasons for this development and explores how it changed the genre, using the example of the most important commentary on the Blutschutz- and Ehegesundheitsgesetz, which resulted from the collaboration of two medical professionals and a legal professional. The article argues that the recruitment of non-juristic authors and the corresponding methodological changes were caused by a debate on a possible "reform" of juristic commentaries which took place in law journals. From the perspective of the National Socialist regime, the genre in its traditional form was not compatible with the Third Reich's philosophy of law.In this new genre, commentaries not only referred to legal problems, but also dealt with issues from other disciplines, such as medical questions. The essay modifies Mitchell G. Ash's theoretical approach regarding the "entanglement" of jurisprudence and other disciplines. Law and other sciences became, according to Ash, "resources for one another": Legal scholars could claim that legal decisions were based on scientific facts and therefore "unquestionable." The affected disciplines also gained greater importance as a result of this process in which their findings becoming legally relevant. This transformation also enabled them to acquire resources for new research projects.Moreover, the essay examines the connection between this development and the change of audience within German courts. Not only did the authors of the commentaries change, but also the recipients: Many laws passed after 1933 introduced new courts using lay judges, professionals with a non-law background. These "experts" came from multiple fields connecting them to the new law, such as medical professionals.
{"title":"[A Link Between Eugenics and Law-the 'Medical-Juristic' Commentary in the Third Reich].","authors":"Vivian Yurdakul","doi":"10.1007/s00048-021-00307-6","DOIUrl":"https://doi.org/10.1007/s00048-021-00307-6","url":null,"abstract":"<p><p>Before 1933 commentaries on laws were exclusively juristic texts, written and read only by legal professionals. Beginning in 1934, scholars from different disciplines, especially medical scientists, began writing juristic commentaries. The essay examines the reasons for this development and explores how it changed the genre, using the example of the most important commentary on the Blutschutz- and Ehegesundheitsgesetz, which resulted from the collaboration of two medical professionals and a legal professional. The article argues that the recruitment of non-juristic authors and the corresponding methodological changes were caused by a debate on a possible \"reform\" of juristic commentaries which took place in law journals. From the perspective of the National Socialist regime, the genre in its traditional form was not compatible with the Third Reich's philosophy of law.In this new genre, commentaries not only referred to legal problems, but also dealt with issues from other disciplines, such as medical questions. The essay modifies Mitchell G. Ash's theoretical approach regarding the \"entanglement\" of jurisprudence and other disciplines. Law and other sciences became, according to Ash, \"resources for one another\": Legal scholars could claim that legal decisions were based on scientific facts and therefore \"unquestionable.\" The affected disciplines also gained greater importance as a result of this process in which their findings becoming legally relevant. This transformation also enabled them to acquire resources for new research projects.Moreover, the essay examines the connection between this development and the change of audience within German courts. Not only did the authors of the commentaries change, but also the recipients: Many laws passed after 1933 introduced new courts using lay judges, professionals with a non-law background. These \"experts\" came from multiple fields connecting them to the new law, such as medical professionals.</p>","PeriodicalId":43143,"journal":{"name":"NTM","volume":"29 3","pages":"285-318"},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s00048-021-00307-6","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39353043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01Epub Date: 2021-08-02DOI: 10.1007/s00048-021-00306-7
Marcus B Carrier
This article investigates the question of how forensic toxicologists established the credibility of chemical analytical methods in poisoning lawsuits in the nineteenth century. After encountering the problem of laypersons in court, forensic toxicologists attempted to find strategies to make their evidence compelling to an untrained audience. Three of these strategies are discussed here: redundancy, standard methods, and intuitive comprehensibility. Whereas redundancy was not very practical and legally prescribed standard methods were not very popular with most forensic toxicologists, intuitive comprehensibility proved effective and popular. This strategy relied on employing methods which did not require chemical knowledge to be understandable. The methods aimed to generate a visual aid and to be obvious in their results. Two forms of this strategy are discussed here: the presentation of the actual material and explicit comparison. I argue that this shift towards presenting forensic toxicology expertise as evident represents an important step in the history of forensic expertise.
{"title":"The Making of Evident Expertise: Transforming Chemical Analytical Methods into Judicial Evidence.","authors":"Marcus B Carrier","doi":"10.1007/s00048-021-00306-7","DOIUrl":"https://doi.org/10.1007/s00048-021-00306-7","url":null,"abstract":"<p><p>This article investigates the question of how forensic toxicologists established the credibility of chemical analytical methods in poisoning lawsuits in the nineteenth century. After encountering the problem of laypersons in court, forensic toxicologists attempted to find strategies to make their evidence compelling to an untrained audience. Three of these strategies are discussed here: redundancy, standard methods, and intuitive comprehensibility. Whereas redundancy was not very practical and legally prescribed standard methods were not very popular with most forensic toxicologists, intuitive comprehensibility proved effective and popular. This strategy relied on employing methods which did not require chemical knowledge to be understandable. The methods aimed to generate a visual aid and to be obvious in their results. Two forms of this strategy are discussed here: the presentation of the actual material and explicit comparison. I argue that this shift towards presenting forensic toxicology expertise as evident represents an important step in the history of forensic expertise.</p>","PeriodicalId":43143,"journal":{"name":"NTM","volume":"29 3","pages":"261-284"},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8440240/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39268132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-01Epub Date: 2021-09-07DOI: 10.1007/s00048-021-00308-5
Carla Seemann
In the first two decades of the twentieth century, the figure of the adolescent (Jugendlicher) was introduced into public discourse in the German-speaking world. The adolescent soon became an epistemic object for the still loosely defined field of psychology. Actors in the slowly differentiating scientific field of youth psychology were primarily interested in the normal development of adolescent subjects and sought out new materials and methods to research the inner life of young people. In order to access this inner life, they turned to the interpretation of diaries and other self-descriptions. This article takes up the questions of how diaries were used in the scientific context of psychology, and how diary writing was psychologically interpreted and theorized. The theoretical and methodological contexts of psychological knowledge production grouped around the subject of the diary will be examined in keeping with Hans-Jörg Rheinberger's concept of historical epistemology. This analysis is carried out by using the example of three central actors who were in conversation with each other during the 1920s and 1930s: the developmental psychologist Charlotte Bühler (1893-1974), the psychologist and founder of personalistic psychology William Stern (1871-1938), and the youth activist Siegfried Bernfeld (1892-1953), who was influenced by Freudian psychoanalysis.
{"title":"Diaries as \"Soul Portraits\"? Interpretation and Theorization of Adolescents' Self-Descriptions in the German-Speaking Youth Psychology of the 1920s and 1930s.","authors":"Carla Seemann","doi":"10.1007/s00048-021-00308-5","DOIUrl":"https://doi.org/10.1007/s00048-021-00308-5","url":null,"abstract":"<p><p>In the first two decades of the twentieth century, the figure of the adolescent (Jugendlicher) was introduced into public discourse in the German-speaking world. The adolescent soon became an epistemic object for the still loosely defined field of psychology. Actors in the slowly differentiating scientific field of youth psychology were primarily interested in the normal development of adolescent subjects and sought out new materials and methods to research the inner life of young people. In order to access this inner life, they turned to the interpretation of diaries and other self-descriptions. This article takes up the questions of how diaries were used in the scientific context of psychology, and how diary writing was psychologically interpreted and theorized. The theoretical and methodological contexts of psychological knowledge production grouped around the subject of the diary will be examined in keeping with Hans-Jörg Rheinberger's concept of historical epistemology. This analysis is carried out by using the example of three central actors who were in conversation with each other during the 1920s and 1930s: the developmental psychologist Charlotte Bühler (1893-1974), the psychologist and founder of personalistic psychology William Stern (1871-1938), and the youth activist Siegfried Bernfeld (1892-1953), who was influenced by Freudian psychoanalysis.</p>","PeriodicalId":43143,"journal":{"name":"NTM","volume":"29 3","pages":"319-345"},"PeriodicalIF":0.4,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8440253/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39391950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}