Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
which was passed constitutionally because according to his opinion
concerning certain standards which again according to his opinion are
above the legislator, that is to say, morality, ethics, natural law,
they contradict these points or because they cannot stand up to certain
evaluations.”
I had to read this out verbatim. Therefore, it was rather difficult for
the interpreter because of the position of the verbs.
The reason for that situation in Germany, which is a situation that
applies to the whole of Europe, is this--and I now have to broach a
subject, the effect of which did not affect England or the United
States. The state of the European continent came into existence from
the fragments of the _Corpus Christianum_ of western Europe. The
break of the medieval realm is the soil on which the modern sovereign
states grew. These states starting with Italy believe ever more
strongly in the idea that they are sufficient to themselves, that they
can live by their own efforts, that they are under no obligation to
the past or to the future. The state becomes a purpose to itself. That
has been emphasized again and again, and that development goes on from
Macchiavelli, the great Florentine; Jean Bodin, the great Frenchman;
and as far as Hegel, the great German. As a result, ethical evaluations
may be made by the legislator, parliament, or the monarch, but the
resolution passed by the monarch or parliament deprives those who are
governed by these laws of all right of objection.
May I draw the attention of the Tribunal to one event that occurred
under the Weimar constitution. During the first years of the republic
it became known among the public that Berlin was thinking of forbidding
any revalorization [or revaluation-- Aufwertung] by law.[148] The
judges of the Reich Supreme Court of Leipzig at that time formed their
own association, and that association of judges, in view of that rumor,
held a meeting and passed a resolution to the effect that if such a law
were to be promulgated, they would refuse to apply it. That happened
in 1924, and it was emphasized that such a law would run counter to
morality. There was a storm of indignation among the Reich government.
The Reich Minister of Justice protested using very sharp expressions,
and the Reich Supreme Court did not carry out its threats. However,
in 1927 the Reich Supreme Court in a decision published in volume 118
declared--“The legislator in the autocracy is not bound to any other
restrictions but those which he draws for himself from the constitution
or from other laws.”
Public-domain text, read in full here on John Shaqi.
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