'Non-Germans'' under the Third Reich: The Nazi Judicial and Administrative System in Germany and Occupied Eastern Europe, with Special Regard to Occupied Poland, 1939-1945

1654 Pages·2013·8.75 MB·English

by  Majer

“Non-Germans” under the Third Reich: The Nazi Judicial
and Administrative System in Germany and Occupied
Eastern Europe, with Special Regard to Occupied
Poland, 1939–1945
DIEMUT MAJER
TRANSLATED BY
Peter Thomas Hill, Edward Vance Humphrey, and Brian Levin Texas Tech
University Press
Published in Association with the United States Holocaust Memorial Museum
Contents
Preface to the English-Language Edition
Foreword to the Second German Edition (1993)
Preface to the Second German Edition (1993)
Foreword to the First German Edition (1981)
Preface to the First German Edition (1981)
Abbreviations
List of Illustrations
Introduction
I. The Tense Relations between State Leadership and State Administration in
the National Socialist System of Government
II. Law and Administration as Partly Autonomous Powers in the National
Socialist System of Government
1. Persistence and Continuity
2. Structural Elements
III. Legal and Administrative Principles in the National Socialist State
1. The Führer Principle
a. The Concept
b. The Making of an Absolute
c. Effects on the Governmental Sector
aa. Outlines of the “Völkisch Constitution”
bb. The Führer Principle and State Organization
cc. The Führer Principle and the Administration of Justice
2. The Principle of the Primacy of Party over State (“Politicized
Administration”)
a. The Integration of Party and State Personnel
b. Organizational Integration of Party and State
c. The Influence of the NSDAP on Government Personnel Policy
d. Coordination (Gleichschaltung) of the Reich Administration: The
Example of the Judiciary
3. The Principle of Völkisch Inequality (Special Law)
a. The National Socialist Idea of the Volksgemeinschaft as the Basis of
Völkisch Inequality
aa. The Racial Basis of the Term Volksgemeinschaft
bb. The Reinterpretation of the Concept of Race as the Idea of the Völkisch and Its Delineation
in Constitutional Theory
b. The National Socialist Concept of Völkisch Equality
c. The National Socialist Concept of Völkisch Inequality: The Principle of
Special Law
d. Targets for the Implementation of Völkisch Inequality
aa. Jews
bb. Other “Non-German” Minorities
cc. “Non-Germans” in General
dd. “Racially Undesirable” Liaisons
ee. “Undesirable” Persons or Groups: The Principle of Special Law as the Central Concept of
National Socialism
e. Territorial Differences
Part One: The Principle of Special Law against “Non-Germans” in the Area of
Public Law (General and Internal Administration with Supplementary Areas)
Section One: The Implementation of Völkisch Inequality in the Altreich
I. General Outlines
II. Civil Service Law
1. The Law for the Restoration of the Professional Civil Service, April 7,
1933
2. The German Civil Service Code, January 26, 1937
III. Race Legislation in the Narrower Sense
1. The Law for the Prevention of Progeny with Hereditary Diseases
(Eugenics Law), July 14, 1933
2. The Law for the Protection of German Blood and German Honor,
September 15, 1935
3. The Law for the Protection of the Hereditary Health of the German
People (Marital Hygiene Law), October 18, 1935
4. The Marriage Law, July 6, 1938
IV. Citizenship Law
1. The Law on the Revocation of Naturalization and the Deprivation of
German Citizenship, July 14, 1933
2. The Reich Citizenship Law, September 15, 1935 (Reichsbürgergesetz)
3. Plans for New Regulations
4. The Position under Constitutional Law of the Jews with German State
Subject Status Living Abroad: The Eleventh Decree to the Reich
Citizenship Law, November 25, 1941
5. The Constitutional Status of “Non-German” Inhabitants of the Reich
and the Occupied Territories: Conditional State Subject Status, Protected
Status, and the Consequences (Ethnic Gradation)
V. Professional and Labor Law
1. Professions Subject to State Licensing
a. Attorneys and Related Professions
b. Physicians and Related Professions
2. Other Liberal Professions
3. Labor Law
a. Jewish Workers
b. Excursus: The Special Treatment of the “Alien Workforce”
VI. The Cultural and Social Sector
VII. Commercial and Property Law
1. Measures for Dispossessing Jews of Their Property
a. Dispossession Measures Following the Reichskristallnacht
b. The Decree on the Registration of Jewish Property, April 26, 1938, and
the Decree on the Utilization of Jewish Property, December 3, 1938
c. The Eleventh Decree to the Reich Citizenship Law, November 25, 1941
d. The Dispossession of Jewish Property on the Basis of Other Regulations
2. The Treatment of Polish Property in the Altreich
Excursus: Tax Law
VIII. Discrimination against “Non-Germans” in Public Life
1. Identification Requirements
2. Restrictions on Freedom of Personal Movement
3. “Non-German” Associations
Excursus: Police Law
1. Anti-Jewish Measures within the Purview of Traditional Police Law
2. Imposition of the Police Statutes on “Non-German” Workers in the
Reich Territory
Conclusion
Section Two: The Implementation of Völkisch Inequality in the Annexed Eastern
Territories
Introduction: Fundamentals of National Socialist Administrative Policy: The
Exploitation and Expulsion of “Non-Germans”
I. Objectives and Outlines of the Implementation of National Socialist Policy
II. The New Type of Administration in the Annexed Eastern Territories: The
Primacy of the Party and the Separation of the Regional Administration from
the Reich Administration
III. Results
A. The Principal Features of the National Socialist Policy of Special Law: The
Segregation of Germans and “Non-Germans” and the Greatest Possible
Discrimination against “Non-Germans”
B. The Manifestations of Special Measures: Exceptional Regulations on the
Basis of the General Law or Overt Special Legislation? (The Struggle over the
Adoption of the Prussian Law of Police Administration)
C. Special Topics
I. The Social, Political, and Cultural Sector
1. The Transformation of State Pension Payments into “Welfare Subsidies”
2. The Prohibition of Political and Church Activities
3. Discrimination in the Education of “Non-Germans”
II. The Economic and Commercial Sector
III. Civil Service Law
IV. Professional and Labor Law
1. Professions Requiring State Licensing (Lawyers and Physicians)
2. Labor Law and Working Conditions
V. Citizenship Law for Poles and Other “Non-Germans” (the German
Ethnic Classification List)
1. Point of Departure: Statelessness for All “Non-German” Inhabitants of
the Annexed Eastern Territories
2. Decree on the German Ethnic Classification List and German Citizenship
in the Annexed Eastern Territories, March 4, 1941
3. Questions of Interpretation regarding the Decree of March 4, 1941: The
Concept of Being Capable of Germanization
VI. Marriage Law
VII. Freedom of Movement and Personal Liberty
VIII. Restrictions on Communication and Information Exchange among
“Non-Germans” and the Confiscation of Cultural Goods
IX. Food Supply
Section Three: The Implementation of Völkisch Inequality in the General
Government
Introduction: The Fundamentals of National Socialist Administrative Policy:
The General Government as a Model for Future German Colonies
I. Immediate Aims: A Military Staging Area, a Labor Reservoir, and
Economic Exploitation
II. Ultimate Aims: German Colonial Rule
III. Legal Status: Borderland (Nebenland) of the Reich or Part of Reich
Territory?
IV. Principles of Administrative Policy and Their Results
V. Principles of Administrative Organization: The Principle of Unified
Administration
VI. Actual Development: The Lack of Personnel and the Failure of the
German Administration
A. Fundamentals: The Segregation of Germans and “Non-Germans” and the
Discrimination against “Non-Germans” as Far as “Necessary”
I. Jews
II. Poles
B. The Nature of the System of Special Law: A Normative System instead of
Secret Guidelines
C. Special Topics
I. The Cultural Sector
II. The Economic and Commercial Sector
1. Polish Assets
2. Jewish Assets
Excursus: Tax Law
III. Civil Service Law
IV. Professional and Labor Law
1. Professions Requiring State Licensing (Lawyers, Physicians, Etc.)
2. Labor Law
a. Polish and Jewish Personnel
b. Consequences of the Arbeitseinsatz (Labor Allocation) Policy
Excursus: Social Welfare Law
V. The Legal Status of “Non-Germans”
VI. Marriage Law
VII. Public Health
VIII. Freedom of Movement and Personal Liberty
1. Residential Restrictions and Ghettoization of the Jewish Population
2. Other Restrictions on Personal Freedom of Movement
IX. Restrictions on Communication and Information Exchange among
“Non-Germans”
PART TWO: The Principle of Special Law against “Non-Germans” in the Field
of Justice
Section One: The Implementation of Völkisch Inequality in the Altreich
A. Penal Law
I. The General Thrust of National Socialist Policy in Penal Law
1. Rejection of the Established Principles of Law
2. The Main Contours of the National Socialist “Authoritarian Penal Law”
II. “Non-German” Offenders
1. The Introduction of Standards of Special Law
2. Discrimination against “Non-German” Offenders by a Harsher
Interpretation of the Regular Law
III. The Situation of “Non-Germans” in Procedural Law
1. The Tightening Up of the Technical Jurisdiction Regulations
(Discriminatory Jurisdiction)
2. The Situation of “Non-German” Defendants and Witnesses in the Penal
Process
3. Final Objective: Exclusion of “Non-Germans” from the Whole Penal
Procedure and Judicial Criminal Prosecution (Thirteenth Decree to the
Reich Citizenship law)
Excursus: The “Rectification” of Justice by the NSDAP, the SS, and the Police
1. The Influence of the Party
2. The Influence of Hitler, the SS, and the Police Command
a. The Ousting of the Judiciary from the Field of General Criminal Jurisdiction
b. The Judiciary’s Part in the Process of Its Displacement by the Police
aa. Institutionalized Cooperation: The Obligation to Provide Information and Channels of
Information between the Judiciary and the Police and Party
bb. Reactions of the Judicial Administration to Police Intervention: Basic Acceptance and
Specific Criticism
cc. Flight Forward as Response: Tightening Up Sentencing Practice
dd. The Justice System Comes under the Control of the Police Command in 1942:
Systematization
3. Police “Rectification” Measures in the Prosecution of “Non-Germans”
a. Collaboration between the Reich Ministry of Justice and the Police: “Non-Germans” Are
Handed Over to the Gestapo
b. Usurpation of Sentencing Powers in Specific Domains
aa. So-Called Political Crimes (Including Nacht und Nebel Cases and Racial and Sexual
Offenses)
bb. Labor Law Offenses
c. General Usurpation of Jurisdiction
aa. Decree of the Reichsführer-SS and Chief of the German Police, January 19, 1942
bb. The Circular of June 30, 1943, by the Reich Security Main Office (RSHA)
4. Judicial Consequences of the Usurpation of the Prosecution of “Non-
Germans” by the Police
B. Civil Law
I. Main Elements of the Transformation of Civil Law on an Ethnic Basis
II. The Principle of Völkisch Inequality in the Domain of Substantive
Law
1. General Principles
2. The Main Areas of Discriminatory Practices
a. Family Law
b. Inheritance Law
c. Law of Tenancy
d. Labor Law
e. Commercial Law
III. Discriminatory Principles in Procedural Law
1. Discrimination against Jewish Judges and Lawyers