International Aspects of German Racial Policies

By Oscar I. Janowsky; Melvin M. Fagen | Go to book overview

ugees was not considered particularly beneficial to the national economy.

***

These citations demonstrate the extent to which the dogma of "non-Aryan" inferiority and inequality before the law has permeated the legal system of National Socialist Germany. They explain why Jews and other "non-Aryan" elements can no longer look to the law for protection of their elementary civil rights, not to speak of their political liberties. Undoubtedly, the number of decisions of the same nature would have been multiplied, had not there arisen so early and so sharply the realization that no hope whatsoever existed for the safeguarding by the Courts of the most basic human rights, which have been incorporated into civilized legal systems as charters of freedom and public order. Whatever small minimal rights might still be claimed by Jews or "non-Aryans," however strong the evidence presented, or clear the terms of the laws to which appeal was made, the Courts of Germany have on racial grounds denied those rights, overlooked the evidence brought to sustain them, have, wherever possible, rendered the laws more harsh or have, wherever necessary, on their own authority filled the lacunae in the system of legislative discrimination.


NOTES
I.
For a descriptive analysis of the laws which the Courts have been called upon to administer in application of the racial formula, see above, Chapter I.
2.
"Out of this heterogeneous mass of prescriptions which make up the criminal law of the western world, there emerge a few general principles in the nature of limitations on arbitrary power, whether of the sovereign or of the law itself. The most important of these, inherited by the United States from the English law, may be stated in the language of the Bill of Rights of the American Constitution, viz. that no person shall be 'deprived of life, liberty, or property without due process of law . . .'

"Analogous to these is the 'rule of certainty,' which prescribes that

-2io-

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