1.

Record Nr.

UNINA9910634056203321

Titolo

Supreme Courts Under Nazi Occupation / / ed. by Derk Venema

Pubbl/distr/stampa

Amsterdam : , : Amsterdam University Press, , [2022]

©2022

ISBN

90-485-5710-0

Edizione

[1st ed.]

Descrizione fisica

1 online resource (340 p.)

Collana

War, Conflict and Genocide Studies ; ; 7

Disciplina

347.4035

Soggetti

Courts of last resort - Europe - History - 20th century

World War, 1939-1945 - Occupied territories

HISTORY / Military / World War II

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

Frontmatter -- Table of Contents -- List of Figures and Tables -- Acknowledgements -- 1 War, Law, Society, and the Courts, 1939-1945: An Introduction -- 2 Prelude : The Belgian Judiciary’s First Experience of German Occupation, 1914-18 -- 3 Germany: The Reichsgericht 1933-1945 -- 4 The Danish Supreme Court During the German Occupation -- 5 The French Cour de Cassation During the Vichy Period -- 6 The Conseil d’État in Vichy France -- 7 Sacrificing the Pig in the Temple – The Supreme Court in Occupied Norway -- 8 The Belgian Court of Cassation in the Turmoil of the Second Occupation -- 9 The Hoge Raad during the German Occupation of the Netherlands -- 10 The Supreme Courts in the Protectorate of Bohemia and Moravia -- 11 The Cour Supérieure de Justice and the Luxembourg State Collapse -- 12 The Italian Supreme Court Between Fascism and German Occupation (1943-45) -- 13 Supreme Courts Dealing with Nazi Occupation : The Struggle for Order and Identity -- References -- Index

Sommario/riassunto

This is the first extensive treatment of leading judicial institutions under Nazi rule in WWII. It focusses on all democratic countries under German occupation, and provides the details for answering questions like: how can law serve as an instrument of defence against an oppressive regime? Are the courts always the guardians of democracy and rule of law? What role was there for international law? How did the



courts deal with dismissals, new appointees, new courts, forced German ordinances versus national law? How did judges justify their actions, help citizens, appease the enemy, protest against injustice? Experts from all democracies that were occupied by the Nazis paint vivid pictures of oppression, collaboration, and resistance. The results are interpreted in a socio-legal framework introducing the concept of ‘moral hygiene’ to explain the clash between normative and descriptive approaches in public opinion and scholarship concerning officials’ behaviour in war-time.