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
Now, I ask to be permitted to speak about a second point which concerns
only Germany, at least to that extent. It is easy to forget that the
German people for 33 years have never had really normal conditions. If
one looks at that from the human point of view, it means that about
50 age-groups of German people--that is more than two-thirds--50
age-groups of people have never seen normal conditions; that is, all
the people who were born after 1914, and those who, before 1914, did
not have any conscious experiences. For all these people, life--and
that was the normal thing for them--was a continuous change from open
to latent crisis. One was always exposed to danger and always with
a longing for stable conditions. The consequence is that for most
Germans, order, which deserves that name, is something hard to imagine.
To the German people order has become to mean something transitory,
something unstable, something upon which one cannot depend, and
doubtless it did not contribute to the stabilization of legal thought
that, beginning with the time of the Weimar republic the machinery
of legislation was running incredibly fast. I would, indeed, desire
for the judges [of this Court] to see the maze of decrees and laws
published and showered upon the German people since 1919. Most of those
were laws or paragraphs of short existence. We had real inflation of
legislation, as far as I know, in history without example at any other
period. And that was not only so during the Weimar era, it became
worse indeed during the period of the Third Reich. Before Hitler came
[to power] he turned with strong criticism against that positive
manufacturing of laws. In his opinion, only the “sound sentiment of the
people” should find its inclination in laws. But when he was in power,
the machinery, if this was possible, then was in even higher gear.
I believe that I do not have to credit it to my own inefficiency but I
have to believe that no German jurist can say anything else of himself,
but, none of us were in a position to know all the headlines of all
the laws and decrees that have been passed. With things as they were,
one has to understand that a large portion of the German nation, many
jurists among them, became tired and apathetic toward authority, and
skeptical. And on the other hand it could not be avoided that many
impulsive individuals revolted, wanted to take action, wanted to do
something about it, wanted to come to a decision, to a clarification,
to a simplification, to find a way to see through all that.
Public-domain text, read in full here on John Shaqi.
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