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From Lex Rex to Rex Lex : Hitler's reversal of the rule of law and the German descent into barbarism, 2013

 Item — Call Number: MU Thesis Roo
Identifier: b7636784

Scope and Contents

From the Collection:

The collection consists of theses written by students enrolled in the Monmouth University graduate History program. The holdings are bound print documents that were submitted in partial fulfillment of requirements for the Master of Arts degree.

From the Collection:

During the fall 2022 semester (in instances where the requisite waivers were received from consenting student authors), the Monmouth University Library, together with the University's Graduate School and Wayne D. McMurray School of Humanities and Social Sciences, began providing open access to select full-text digital versions of current theses and dissertations through links to the ProQuest Dissertations Publishing website in the Library's Online Public Access Catalog. Links to these open access digital publications can also be found in the "External Documents" section under any conforming titles that are listed among the holdings itemized in the collection inventory for this finding aid.

Dates

  • Creation: 2013

Creator

Conditions Governing Access

The collection is open for research use. Access is by appointment only.

Access to the collection is confined to the Monmouth University Library and is subject to patron policies approved by the Monmouth University Library.

Collection holdings may not be borrowed through interlibrary loan.

Research appointments are scheduled by the Monmouth University Library Archives Collections Manager (723-923-4526). A minimum of three days advance notice is required to arrange a research appointment for access to the collection.

Patrons must complete a Researcher Registration Form and provide appropriate identification to gain access to the collection holdings. Copies of these documents will be kept on file at the Monmouth University Library.

Extent

1 Items (print book) : 105 pages ; 8.5 x 11.0 inches (28 cm).

Language of Materials

English

Introduction [excerpt]

In the course of this paper, I will attempt to examine a number of key questions relating to the overall subjects of German law and legal system as it stood on the eve of Hitler's accession to the Chancellorship, the Nazi view of law that accompanied Hitler into office, the clash of these two partially opposing forces that commenced literally the day after Hitler took office, and moral responsibility for the human and material destruction authored by Germany during the Hitler era. These questions will include the following: What was the status of the German law and legal system on January 30, 1933? To what degree did Germany value and practice the concept of the rule of law? What was the Nazi rule of law? Was there a Nazi philosophy of law? To what degree did the Nazi view of law reflect the principles of Social Darwinism? What was the relationship between Nazi legal philosophy and doctrine of legal positivism? Are any of the roots of Nazi law to be found in the legal system of the Weimar era? What steps did the Third Reich take in the first 18 months of its existence with respect to evicerating and corrupting the German law and legal system? How did the Third Reich contend with the concept of the rule of law? How, if at all, did the Nazi approach to the concept of the rule of law differ from that of other dictatorships? How did the Third Reich's cadre of legal experts justify the Nazi attack on existing German law? What, if any, implications for the future may still be important to note with respect to Germany's descent into a state of lawlessness and barbarism under the Hitler dictatorship? What, if anything, does this bleak chapter in human history have to say about the notion of human progress?

Partial Contents

1. Introduction -- 2. German law and jurisprudence prior to Hitler's chacellorship -- 3. Nazism and law -- 4. The destruction of law in the Third Reich : the assault on the Weimar constitution, parliament, political opposition, and the rule of law (February 1933 - August 1934) -- 5. Conclusion -- Bibliography.

Repository Details

Part of the Monmouth University Library Archives Repository

Contact:
Monmouth University Library
400 Cedar Avenue
West Long Branch New Jersey 07764 United States
732-923-4526