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
“The present crisis in the administration of justice today
is close to such a climax. A totally new conception of the
administration of justice must be created, particularly a
National Socialist judiciary, and for this the druggist’s salve
is not sufficient; only the knife of the surgeon, as will later
be shown, can bring about the solution.
“The criterion, however, for the functions of justice, and
particularly of the judge in the National Socialist Reich, must
be a justice which meets the demands of national socialism.
“He who is striding gigantically toward a new world order
cannot move in the limitation of an orderly administration
of justice. To accomplish such a far-reaching revolution in
domestic and foreign policy is only possible if, on the one
hand, all outmoded institutions, concepts, and habits have been
done away with--if need be, in a brutal manner--and if, on the
other hand, institutions that are in themselves necessary but
are not directly instrumental in the achievement of a great goal
and which, in fact, impede it, are temporarily thrust to the
background. All clamor about lawlessness, despotism, injustice,
etc., is at present nothing but a lack of insight into the
political situation * * *.”
At the time he was appointed Minister, Thierack also became the
president of the German Academy of Law, and of the National Socialist
Association of Jurists. The temper of the new administration of justice
was reflected in Thierack’s announcement to the German Academy of Law
as follows:
“The formulation of law is not a matter of science and a goal
in itself, but rather a matter of political leadership and
organization. Therefore, the activities of the Academy relating
to the formulation of law must be coordinated with the aims of
political leadership.”[37]
At the time of their appointments, Thierack and Rothenberger envisaged
an ambitious program for simplifying the hierarchy of German courts,
drastically reducing the number of judges, and “modernizing” the
education and training of judges in accordance with prevailing
political thought. Much of this program was never realized, but
Thierack and Rothenberger did succeed in developing new devices for
direct control of judicial decisions by the government. This has been
also foreshadowed in Rothenberger’s thesis submitted to Hitler:
Public-domain text, read in full here on John Shaqi.
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