IB Prized Writing Sevenoaks School IB Prized Writing 2014 | Page 195

Eliza Parr - History duties...towards  society”” 39 epitomized the Nazi view that the legal system should operate according to the interests of the state and not the individual. The Civil Service Law of 1933 ruled that “judges whose political beliefs conflicted with Nazism lost their positions,” 40 and “lawyers had to be members of the Nazi Lawyers Association” 41 and to swear an oath of loyalty to Adolf Hitler. The German Civil Service Law of 26 January 1937 provided that  “civil  servants  could  be  compulsorily   retired if they could not be relied upon to support the State at all times.” 42 These measures meant  that  “the  judiciary  was  increasingly  reduced  to  the  status  of  a  mere   administrative agency of the Ministry,” 43 with the result that the independence of the courts and therefore justice in Nazi Germany was completely undermined, further consolidating the Nazis' power through a range of apparently legal means. Although the key anti-Semitic laws were adopted by the Nazis after 1934, including the  “Law  for  the  Protection  of  German  Blood  and  German  Honour,”  passed  on  15   September 1935 which provided  that  Jews  “were  now  officially second-class citizens” 44 , they were facilitated by the Enabling Act and completely undermined the Weimar Constitution and are therefore a relevant consideration. In particular Article 135, which  provided  that  “Undisturbed  practise  of  religion  is  guaranteed  by  the   constitution and is placed under the protection of the state” 45 was nullified by the Nazis' anti-Semitic legislation and led to the extreme revolutionary outcome of the Holocaust, again seemingly by legal means. The Revolutionary Outcome The outcome of the Nazis' consolidation of power through the ostensibly legal and democratic means summarised above was the emergence of a fascist, amoral state with values completely inconsistent with the Weimar Constitution. Ingo Müller, who is a former Law professor and official in the Justice Department of Bremen, states that “there   was...no area of the law which National socialist ideas failed to permeate eventually...[all  areas]  were  “fertilized”  with  Nazi  legal  thinking.” 46 Although his book (translated from German) was published in 1991, a significant length of time after the Nazis came to power, Müller's legal background means that he is likely to have a greater legal insight than most historians into the validity of the Nazis' use of legal measures. The Nazi Party's use of legislative acts and decrees was an essential tool in fundamentally undermining the legal and political systems and obtaining complete control over Germany, in particular because it enabled them to persuade the German people that their actions were legal and should therefore be supported. In addition, by using apparently legal means, the Nazis were able to commit “the  most   39 Müller, I., 1991. Hitler’s  Justice. 1 st ed. Harvard, USA: Harvard. Translated from German by Deborah Lucas Schneider, p. 64 40 Todd, A. & Waller, S., 2011. History for the IB Diploma, Authoritarian and Single-Party States. 2nd ed. Cambridge: Cambridge University Press, p. 85 41 ibid 42 Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 291 43 ibid 44 Müller, I., 1991. Hitler's Justice. Harvard: USA: Harvard. Translated from German by Schneider, D.L., p. 34 45 Miller, R.L., 1995. Nazi Justiz, Law of the Holocaust. Westport, USA: Praeger, p. 51 46 Müller, I., 1991. Hitler’s  Justice. Harvard, USA: Harvard. Translated from German by Schneider, D.L., p. 74 194 8