Law after Auschwitz: Towards a Jurisprudence of the Holocaust - David Fraser cover
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Law after Auschwitz: Towards a Jurisprudence of the Holocaust - David Fraser

ISBN
9780890892435
Publisher
Carolina Academic Press
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$44.99 one-time purchase · 15% restocking fee on returns

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Law after Auschwitz: Towards a Jurisprudence of the Holocaust David Fraser ISBN 9780890892435

Law after Auschwitz challenges the common perception that Nazi law was entirely lawless and that the Holocaust represented a complete collapse of legality. For many lawyers, the notion of “Nazi law” seems contradictory, yet Fraser argues that our understanding of both the Holocaust and the law has been shaped by mutually reinforcing but flawed assumptions. Rather than viewing the Holocaust as a break from law, Fraser contends it should be studied as revealing points of continuity with legal structures, both as they existed under the Nazis and as law is understood and practiced today.

The book examines the roles of law and lawyers under the National Socialist regime, the jurisprudence of Nazi law, and the ways Nazi legal practices have been interpreted in contemporary scholarship. It provides detailed analyses of post-war trials and the legal constructions of the Holocaust. Fraser raises profound questions about legality and ethics in the modern era: if the Holocaust occurred within a “legal” framework, and if elements of that framework persist in contemporary law, then modern legal systems operate, in part, in the shadow of Auschwitz. The book centers on the enduring consequences of a legal system that largely ignores its own historical complicity in the Shoah.

Law after Auschwitz: Towards a Jurisprudence of the Holocaust David Fraser ISBN 9780890892435, 978-0890892435 & 978-08908-92435

Author
David Fraser