Law after Auschwitz : Towards a jurisprudence of the Holocaust, by David Fraser
O'Donnell, Therese (2005) Law after Auschwitz : Towards a jurisprudence of the Holocaust, by David Fraser. [Review]
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David Fraser’s thesis, in LAW AFTER AUSCHWITZ, is that there is little to distinguish between our fundamental understandings and practices of law and those of German lawyers and judges between 1933 and 1945. He aims to refocus jurisprudential efforts in order to confront lawyers’ collective, institutional and professional participation in the Holocaust. Rather than seeing the Holocaust as an extraordinary moment where SS madness dominated, by surveying the legal establishment’s accommodation and application of discriminatory laws, Fraser sees the Holocaust as “the culmination of the acts of ordinary people in the ordinary course of events within ordinary governmental and legal structures”(p.5), using techniques no different to today’s. For him, Auschwitz was “law-ful/full,” and rather than the extraordinariness of the Holocaust making it difficult to be judged in a court room, its ordinariness – its ordinary lawfulness – causes difficulties for law.
ORCID iDs
O'Donnell, Therese ORCID: https://orcid.org/0000-0002-8995-717X;-
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Item type: Review ID code: 29587 Dates: DateEventJune 2005PublishedKeywords: history, Auschwitz, law, jurisprudence, Europe, Political theory Subjects: Law > Europe
Political Science > Political theoryDepartment: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law Depositing user: Pure Administrator Date deposited: 30 Mar 2011 08:58 Last modified: 18 Jan 2023 09:06 Related URLs: URI: https://strathprints.strath.ac.uk/id/eprint/29587