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
name alone or together with other names, is merely an act of will of
that man--whether it calls itself a law or something else.
The only difficulty is represented by the so-called secret laws,
although I can’t quite see where the difficulties are when you look at
it properly; that a law which is kept secret before the people whom
it concerns cannot bind those people is obvious. That is not because
of some particular legal system but that is because of the very nature
of an order. Nobody can be given an order if he doesn’t know of the
order and if he is not meant to have knowledge of that order. But one
must not forget that if Hitler passed a secret law, that as an official
directive it was binding for those persons to whom it was made known.
Then it was not just a legal norm, but it was an official instruction.
As for the citizen, that amounted to the same in effect. If I may use
an expression from Germanic law, these various forms by which Hitler
announced his will were only different as far as the number of people
in his entourage were concerned.
Much more difficult than that question about the form is the question
about the restrictions on those contents to which Hitler was subject as
a legislator. According to the valid order, limitations in the matter
of the contents existed also for Hitler. Already last year, before the
International Military Tribunal, I stated clearly that naturally for
Hitler too, the limitations of ethics did apply. As to how he himself
thought about such matters, I don’t know. I never met him, and I would
not like to rely on hearsay; but that he knew that others believed him
bound by a moral restriction, that is quite evident from the fact that
again and again, be it in preambles to the law, be it by the rest of
the propaganda machinery, he formulated moral justifications. Whether
that was in accordance with his own real ideas, that question may be
left open.
But I have already told the Tribunal that these restrictions, as moral
restrictions which are no doubt for a great man the most difficult and
the most important restrictions, in the conception of the European
state on legal matters, are no legal restrictions. The absolute state
of the continent passed on that conception to its parliamentary
successor.
A little while ago, I had an occasion to show, by the example of
Anschuetz, that that remained so until the latest era, until the time
of the extreme democratic era of the Weimar republic. If one does
regret that or not does not matter here. I simply have to describe what
actually happened. If now, in the European meaning, one asks about
legal restrictions--and first of all one asks about restrictions of the
German law--one will have to say that restrictions under German law did
not exist for Hitler. He was _legibus solutus_ in the same meaning
in which Louis XIV claimed that for himself in France. Anybody who said
something different expresses a wish that does not describe the actual
legal facts.
Public-domain text, read in full here on John Shaqi.
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