Criminal Law In Auschwitz

Fraser, Davis

Abstract

This chapter, through the lens of a biographical study of Nazi lawyer, SS Judge Konrad Morgen, esatablishes the ways in which "law" continued to exist in National Socialist Germany. Morgen investigated and prosecuted crimes committed by SS officers and enlisted men in Auschwitz, from theft to murder. If "murder" could be committed in Auschwitz, criminal law flourished at the heart of the Nazi extermination apparatus. That killing "jews" was not within Morgen's remit because it was not "murder," raises important historical questions about the nature of law in the Nazi state and about the jurisprudential significance of legal categories for our understanbding of National Socialism.

Citation

Fraser, D. (2019). Criminal Law In Auschwitz. In Ideology and Criminal Law: Fascist, National Socialist and Authoritarian Regimes (33-57). Oxford: Hart Publishing

• Publication Date: Sep 5, 2019
• Deposit Date: Feb 20, 2021
• Publisher: Hart Publishing
• Pages: 33-57
• Book Title: Ideology and Criminal Law: Fascist, National Socialist and Authoritarian Regimes
• Chapter Number: 2
• ISBN: 9781509910816
• Keywords: Auschwitz, Nazi law, Jurisprudence, Legal History
• Public URL: https://nottingham-repository.worktribe.com/output/5271540
• Publisher URL: https://www.bloomsburyprofessional.com/uk/ideology-and-criminal-law-9781509910816/